Etheridge v. State, 492 S.E.2d 755 (Ga. Ct. App. 1997). · Go Syfert
Etheridge v. State, 492 S.E.2d 755 (Ga. Ct. App. 1997). Cases Citing This Book View Copy Cite
30 citation events (10 in the last 25 years) across 1 distinct court.
Strongest positive: Johnson v. State (gactapp, 2008-04-23)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
cited Cited as authority (rule) Johnson v. State
Ga. Ct. App. · 2008 · confidence medium
See, e.g., Smith v. State, 263 Ga. App. 707, 708-709 (1) ( 589 SE2d 252 ) (2003); Etheridge v. State, 228 Ga. App. 788, 788-789 (1) ( 492 SE2d 755 ) (1997).
cited Cited as authority (rule) Hill v. State
Ga. Ct. App. · 2006 · confidence medium
Freeman v. State, 232 Ga. App. 715, 716 (3) ( 503 SE2d 601 ) (1998); Etheridge v. State, 228 Ga. App. 788, 789 (1) ( 492 SE2d 755 ) (1997).
discussed Cited as authority (rule) Williams v. State
Ga. Ct. App. · 2005 · confidence medium
Johnson, P. J., and Barnes, J., concur. 1 See Heard v. State, 268 Ga. App. 718 ( 603 SE2d 69 ) (2004). 2 See id. 3 Wilkes v. State, 269 Ga. App. 532, 533 (1) ( 604 SE2d 601 ) (2004). 4 See Brown v. State, 267 Ga. App. 642, 645 (1) ( 600 SE2d 731 ) (2004). 5 See Sinclair v. State, 248 Ga. App. 132, 133 (1) (546SE2d7) (2001) (“ ‘[u]nexplained recent possession of (the) stolen goods supports an inference that (he) committed the theft’ ”); Etheridge v. State, 228 Ga. App. 788, 788-789 (1) ( 492 SE2d 755 ) (1997). 6 See Anderson v. State, 261 Ga. App. 456, 461 (3) ( 582 SE2d 575 ) (2003). 1…
discussed Cited as authority (rule) Mathis v. State
Ga. Ct. App. · 2004 · confidence medium
Jenkins v. State, 268 Ga. 468, 473 (10) ( 491 SE2d 54 ) (1997); Etheridge v. State, 228 Ga. App. 788, 790 (2) ( 492 SE2d 755 ) (1997).” Williams v. State, 239 Ga. App. 598, 600 (2) ( 521 SE2d 650 ) (1999).
discussed Cited as authority (rule) Young v. State
Ga. Ct. App. · 2000 · confidence medium
Pope, P. J., and Mikell, J., concur. 1 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 2 Dunn v. State, 238 Ga. App. 579 (1) ( 519 SE2d 503 ) (1999). 3 A person commits aggravated assault when he or she assaults with intent to murder, rape, or rob. 4 A person commits armed robbery when, with intent to commit theft, he or she takes the property of another from the person or the immediate presence of another by use of an offensive weapon. 5 Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984); Etheridge v. State, 228 Ga. App. 788, 789 (2) ( 492 SE2d 755 …
cited Cited as authority (rule) Caldwell v. State
Ga. Ct. App. · 2000 · confidence medium
Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984); Etheridge v. State, 228 Ga. App. 788, 789 (2) ( 492 SE2d 755 ) (1997).
discussed Cited as authority (rule) Cowan v. State
Ga. Ct. App. · 2000 · confidence medium
J, and McMurray, P. J, concur. 1 Patterson v. State, 225 Ga. App. 515 ( 484 SE2d 317 ) (1997). 2 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 Patterson, supra, 225 Ga. App. at 515 . 4 Id. 5 OCGA § 24-4-8; Telfair v. State, 234 Ga. App. 444, 445 ( 507 SE2d 195 ) (1998). 6 West v. State, 218 Ga. App. 341 (1) ( 461 SE2d 300 ) (1995). 7 (Citations and punctuation omitted.) Neal v. State, 211 Ga. App. 829, 830 (1) ( 440 SE2d 717 ) (1994). 8 See Jackson v. Virginia, supra, 443 U. S. at 307 . 9 261 Ga. 798, 799 (2) ( 410 SE2d 423 ) (1991). 10 Id. 11 Id. 12 Id. 13 Id. 14 Id. 15 See Charo v. Stat…
discussed Cited as authority (rule) Scott v. State
Ga. Ct. App. · 2000 · confidence medium
J., and McMurray, P. J, concur. 1 Patterson v. State, 225 Ga. App. 515 ( 484 SE2d 317 ) (1997). 2 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 Patterson, supra, 225 Ga. App. 515 . 4 Id. 5 OCGA § 24-4-8; Telfair v. State, 234 Ga. App. 444, 445 ( 507 SE2d 195 ) (1998). 6 Jackson, supra, 443 U. S. 307 . 7 Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984); Etheridge v. State, 228 Ga. App. 788, 789 (2) ( 492 SE2d 755 ) (1997). 8 Ponder v. State, 201 Ga. App. 388, 389 (1) ( 411 SE2d 119 ) (1991). 9 Smith v. State, 256 Ga. 483 ( 351 SE2d 641 ) (1986). 10 Kollman v. State…
discussed Cited as authority (rule) MacK v. State
Ga. Ct. App. · 2000 · confidence medium
Pierce, Assistant District Attorney, for appellee. 1 Davis v. State, 223 Ga. App. 346, 347 (1) ( 477 SE2d 639 ) (1996). 2 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 Davis, supra; Lockett v. State, 147 Ga. App. 102 (1) ( 248 SE2d 177 ) (1978). 4 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 5 Id.; Etheridge v. State, 228 Ga. App. 788, 789 (2) ( 492 SE2d 755 ) (1997). 6 (Citations and punctuation omitted.) Johnson v. State, 214 Ga. App. 77, 78 (1) ( 447 SE2d 74 ) (1994). 7 (Citation and punctuation omitted.) Williams v. State, 219 Ga. App. 167, 168 (2) ( 464 SE2d 404 ) (1995). 8 Cf. id…
discussed Cited as authority (rule) Lovelace v. State
Ga. Ct. App. · 2000 · confidence medium
Pope, P. J., and Smith, J., concur. 1 Roberts v. State, 149 Ga. App. 667, 668 (5) ( 255 SE2d 126 ) (1979); Caldwell v. State, 139 Ga. App. 279, 286-287 (2) ( 228 SE2d 219 ) (1976) (physical precedent only). 2 Roberts, supra. 3 Pickstock v. State, 235 Ga. App. 451 (1) ( 509 SE2d 717 ) (1998). 4 Edgehill v. State, 253 Ga. 343, 345 (3) ( 320 SE2d 176 ) (1984); Miller v. State, 226 Ga. App. 509, 510 (1) ( 486 SE2d 911 ) (1997); Arnold v. State, 167 Ga. App. 720 (1) ( 307 SE2d 526 ) (1983). 5 Hillery v. State, 236 Ga. App. 819, 820 (2) ( 513 SE2d 527 ) (1999). 6 See OCGA § 16-5-20 (a). 7 (Citation…
cited Cited as authority (rule) Wooten v. State
Ga. Ct. App. · 1999 · confidence medium
Strickland v. Washington, 466 U. S. 688 (104 SC 2052, 80 LE2d 674) (1984); *729 Etheridge v. State, 228 Ga. App. 788, 789 (2) ( 492 SE2d 755 ) (1997).
cited Cited as authority (rule) Fuentes v. State
Ga. Ct. App. · 1999 · confidence medium
See Grabowski v. State, 234 Ga. App. 222, 224 (1) ( 507 SE2d 472 ) (1998); Etheridge v. State, 228 Ga. App. 788, 789 (1) ( 492 SE2d 755 ) (1997).
discussed Cited as authority (rule) Williams v. State
Ga. Ct. App. · 1999 · confidence medium
Jenkins v. State, 268 Ga. 468, 473 (10) ( 491 SE2d 54 ) (1997); Etheridge v. State, 228 Ga. App. 788, 790 (2) ( 492 SE2d 755 ) (1997); see Bridges v. State, 205 Ga. App. 664, 666 (2) ( 423 SE2d 293 ) (1992).
discussed Cited "see" Bryant v. State (2×)
Ga. Ct. App. · 2007 · signal: see · confidence high
See Etheridge v. State, 228 Ga. App. 788, 788-789 (1) ( 492 SE2d 755 ) (1997) (witnesses’ descriptions of burglar, similar transaction evidence, and other circumstantial evidence was sufficient to sustain defendant’s conviction for burglary). 2.
discussed Cited "see" Thompson v. State (2×)
Ga. Ct. App. · 1999 · signal: see · confidence high
See Etheridge v. State, 228 Ga. App. 788 (1) *93 ( 492 SE2d 755 ) (1997); Manous v. State, supra at 805 (1). 2.
Retrieving the full opinion text from the archive…
Etheridge
v.
the State
A97A1431.
Court of Appeals of Georgia.
Oct 10, 1997.
492 S.E.2d 755
1997 Ga. App. LEXIS 1268
Emerson Carey, Jr., for appellant., J. Tom Morgan, District Attorney, Robert M. Coker, Jeffrey H. Brickman, Assistant District Attorneys, for appellee.
Smith, McMurray, Beasley.
Cited by 15 opinions  |  Published
Smith, Judge.

Tracy Etheridge was convicted on one count of burglary, OCGA § 16-7-1 (a). Etheridge’s motion for new trial as amended was denied, and this appeal ensued. Finding no merit to Etheridge’s arguments on appeal, we affirm.

1. Etheridge first contends the evidence was insufficient to support the verdict. The State presented evidence that around 11:00 p.m. on November 28,1995, a City of Decatur police officer responded to a call to a Texaco service station and convenience store located at the corner of North Candler Street and Ponce de Leon Avenue in Decatur. He discovered broken glass inside and outside the building where the glass door had been shattered, apparently with an iron water meter cover which was found inside the station. The cash register was missing. Two witnesses described their observations of an individual carrying an object away from the Texaco station late that evening. One witness, who lived in a second-floor apartment next door to the station, testified that around 11:00 p.m. that night, he heard a crash and looked from his apartment toward the station, where he could see an individual moving around inside. He watched the person leave the store carrying a rectangular, apparently heavy object. He described the person as being six feet tall, slender, black and as wearing a dark-colored baseball cap, a shirt with dark vertical stripes, dark pants, and tennis shoes. An employee of the conve[*789] nience store testified that whoever broke the glass and took the cash register did not have permission to do so.

Another witness who lived around a block from the Texaco station testified that around 11:00 the same evening, he heard a crash, looked outside, and saw an individual carrying and “fumbling with” what appeared to be an adding machine or cash register, with register tape trailing behind. He described the individual as being around six feet tall, slender, black and as wearing a vertically striped shirt, dark pants, and a baseball cap. He heard a nearby alarm sounding and called the police. Pieces of the cash register and several coins were later found in this witness’s yard. The cash register was found lying next to a wall nearby. After receiving this description, an officer observed Etheridge walking toward a MARTA station on Church Street in Decatur, in the vicinity of the Texaco station. He stopped Etheridge, who was carrying some change in his hands. The officer remembered seeing pieces of glass in Etheridge’s shoes. A micro-analyst from the GBI crime lab testified that he found glass embedded in the bottom of Etheridge’s tennis shoes, as well as fresh cuts in those shoes. He compared the pieces of glass from the tennis shoes to glass from the broken door of the Texaco station and concluded that two of the glass shards could have come from the door.

Finally, similar transaction testimony was presented that on May 26, 1993, Etheridge used a water meter cover to smash a glass door of a convenience store in Decatur and that he entered the store and stole a 12-pack of beer. Etheridge’s identity as the perpetrator of this prior burglary was established by the officer who investigated the burglary and by a certified copy of Etheridge’s conviction for the burglary.

The trial court fully charged the jury on the law concerning the State’s burden of proof, witness credibility, and circumstantial evidence. Considering the totality of the evidence and the court’s charge, the evidence, although circumstantial, was sufficient to authorize a rational trier of fact to find Etheridge guilty of burglary under the standard of Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). See generally Gatling v. State, 203 Ga. App. 407, 408 (1) (416 SE2d 877) (1992).

2. Etheridge also contends he was denied effective assistance of counsel because his trial counsel failed to apprise him of his right to testify. To establish ineffective assistance of counsel under the standard of Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984), an appellant must show that counsel’s performance was deficient and that this deficiency so prejudiced his defense that a reasonable possibility exists that the trial’s result would have been different but for the deficiency. See Ney v. State, 227 Ga. App. 496, 499 (4) (489 SE2d 509) (1997). Etheridge has failed to[*790] meet both prongs of this test.

First, he has not shown that trial counsel’s performance was deficient. Trial counsel, who had been admitted to practice law in 1991 and had handled several criminal matters, including 20 criminal jury trials while working in the public defender’s office and as a private practitioner, testified that she met personally with Etheridge and talked with him on the telephone several times prior to trial. She stated that she and Etheridge discussed the possibility of his testifying, but she advised him against this because of the quantity of evidence against him and because the “seasoned district attorney” trying the case “might trip him up and basically cause Mr. Etheridge to open the door as far as his criminal history.”

Counsel testified that Etheridge left the decision as to whether he should testify to her but that, if he had desired to testify, he would have done so because “that would have been his right.” This decision was one of trial strategy and is not tantamount to ineffectiveness of counsel. Trial tactics and strategy are within the “exclusive province of the lawyer after consultation with the client.” (Citation and punctuation omitted.) Ney at 499 (4). We note that Etheridge acknowledged he had testified on his own behalf in a previous criminal matter. In addition, he previously entered guilty pleas to other charges, and he admitted that each time he pled guilty he signed a document stating his understanding that he had the right to testify in that proceeding.

But even assuming trial counsel failed to tell Etheridge of his right to testify and that he did not have knowledge of this right as a result of prior proceedings, Etheridge has not shown a reasonable probability that the result of his trial would have been different had he testified. He testified during the hearing on his motion for new trial that he would have contradicted police officers’ testimony concerning where he was stopped on the night of the burglary and the amount of money taken from him. He also claimed that he would have explained that he had bought his tennis shoes several months prior to his arrest and could have picked up glass from other sources. Even had Etheridge testified, the jury, as trier of fact, would have been authorized to disbelieve contradictory testimony. See, e.g., Harmon v. State, 181 Ga. App. 133, 134 (351 SE2d 527) (1986). As for Etheridge’s argument concerning his tennis shoes, the microanalyst who tested the glass from the shoes could only state at best that the glass in the shoes “could” have come from the window, thus implying that the glass could have come from other sources. Etheridge’s testimony in this regard would have been merely cumulative. The trial court consequently did not err in denying Etheridge’s motion for new trial based on ineffective assistance of counsel.

Judgment affirmed.

McMurray, P. J., and Beasley, J., concur. [*791] Decided October 10, 1997. Emerson Carey, Jr., for appellant. J. Tom Morgan, District Attorney, Robert M. Coker, Jeffrey H. Brickman, Assistant District Attorneys, for appellee.