Brewer v. State, 481 S.E.2d 608 (Ga. Ct. App. 1997). · Go Syfert
Brewer v. State, 481 S.E.2d 608 (Ga. Ct. App. 1997). Cases Citing This Book View Copy Cite
“circumstances forming a part of the main transaction are admissible as part of a continuous transaction or as res gestae”
118 citation events (86 in the last 25 years) across 2 distinct courts.
Strongest positive: Chandler v. State (gactapp, 2011-06-14)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 50 distinct citers.
examined Cited as authority (quoted) Chandler v. State (3×) also: Cited "see, e.g."
Ga. Ct. App. · 2011 · signal: see also · quote attribution · 1 verbatim quote · confidence low
circumstances forming a part of the main transaction are admissible as part of a continuous transaction or as res gestae
cited Cited as authority (rule) Kenneth Shamar Rainey v. State
Ga. Ct. App. · 2013 · confidence medium
See Toney, supra, 304 Ga. App. at 27-28 (1); Jones v. State, 294 Ga. App. 854, 855-856 (3) ( 670 SE2d 506 ) (2008); Brewer v. State, 224 Ga. App. 656, 659 (7) ( 481 SE2d 608 ) (1997).
cited Cited as authority (rule) Rainey v. State
Ga. Ct. App. · 2013 · confidence medium
See Toney, supra, 304 Ga. App. at 27-28 (1); Jones v. State, 294 Ga. App. 854, 855-856 (3) ( 670 SE2d 506 ) (2008); Brewer v. State, 224 Ga. App. 656, 659 (7) ( 481 SE2d 608 ) (1997).
discussed Cited as authority (rule) Toney v. State
Ga. Ct. App. · 2010 · confidence medium
See also Castillo v. State, 281 Ga. 579, 583 (4) ( 624 SE2d 8 ) (2007) (approving of pattern charge informing “the jury of the circumstances under which the alleged declarations of an alleged co-conspirator made out of the presence of the defendant are to be disregarded”). 9 (Punctuation and footnote omitted; emphasis supplied.) Goldsby v. State, 273 Ga. App. 523, 527 (3) ( 615 SE2d 592 ) (2005). 10 224 Ga. App. 656 ( 481 SE2d 608 ) (1997). 11 221 Ga. App. 647 ( 472 SE2d 485 ) (1996). 12 208 Ga. App. 64 ( 430 SE2d 175 ) (1993) (physical precedent only). 13 Brewer, 224 Ga. App. at 659 (7).
discussed Cited as authority (rule) Butler v. State
Ga. Ct. App. · 2008 · confidence medium
See Tran v. State, 246 Ga. App. 153, 160 (7) ( 539 SE2d 862 ) (2000) (a trial court does not err in failing to give a requested charge “when its charge as a whole contains the same principles of law set forth in the request”) (punctuation and footnote omitted); Brewer v. State, 224 Ga. App. 656, 657 (1) ( 481 SE2d 608 ) (1997).
cited Cited as authority (rule) Rudnitskas v. State
Ga. Ct. App. · 2008 · confidence medium
Brewer v. State, 224 Ga. App. 656, 657-658 (2) ( 481 SE2d 608 ) (1997).
cited Cited as authority (rule) Oliver v. State
Ga. Ct. App. · 2006 · confidence medium
Brewer v. State, 224 Ga. App. 656, 657-658 (2) ( 481 SE2d 608 ) (1997).
discussed Cited as authority (rule) Dixon v. State
Ga. Ct. App. · 2005 · confidence medium
Johnson, P. J., and Barnes, J., concur. 1 Pollard, v. State, 230 Ga. App. 159 ( 495 SE2d 629 ) (1998). 2 Baggs v. State, 265 Ga. App. 282, 283-284 (1) ( 593 SE2d 734 ) (2004). 3 See Howard v. State, 263 Ga. App. 593, 596 (1) (b) ( 588 SE2d 793 ) (2003). 4 See Brown v. State, 278 Ga. 724, 726-727 (2) ( 609 SE2d 312 ) (2004). 5 See Colzie v. State, 257 Ga. App. 691, 692 (2) ( 572 SE2d 43 ) (2002). 6 See id. 7 Goodman v. State, 255 Ga. 226, 229 (13) ( 336 SE2d 757 ) (1985). 8 Colzie, 257 Ga. App. at 692 (3). 9 See Howren v. State, 271 Ga. App. 55, 56 (2) ( 608 SE2d 653 ) (2004); State v. Saia, 24…
examined Cited as authority (rule) Buchanan v. State (4×)
Ga. Ct. App. · 2005 · confidence medium
Brewer v. State, 224 Ga. App. 656, 657-658 (2) ( 481 SE2d 608 ) (1997).
discussed Cited as authority (rule) Patterson v. State
Ga. Ct. App. · 2005 · confidence medium
Brewer v. State, 224 Ga. App. 656, 657-658 (2) ( 481 SE2d 608 ) (1997). “[I]n evaluating an attorney’s performance, there is a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance.” (Punctuation and footnote omitted.) Rucker v. State, 271 Ga. 426, 427 ( 520 SE2d 693 ) (1999).
cited Cited as authority (rule) Powell v. State
Ga. Ct. App. · 2005 · confidence medium
Brewer v. State, 224 Ga. App. 656, 657-658 (2) ( 481 SE2d 608 ) (1997).
discussed Cited as authority (rule) Allen v. State (2×)
Ga. Ct. App. · 2005 · confidence medium
Brewer v. State, 224 Ga. App. 656, 657-658 (2) ( 481 SE2d 608 ) (1997).
discussed Cited as authority (rule) Johnson v. State
Ga. Ct. App. · 2004 · confidence medium
Eldridge and Adams, JJ., concur. 1 See Cox v. State, 242 Ga. App. 334 -335 (1) ( 528 SE2d 871 ) (2000). 2 See id. 3 (Punctuation omitted; emphasis in original.) Mathis v. State, 204 Ga. App. 896, 897-898 (1) ( 420 SE2d 788 ) (1992). 4 See id. at 898 . 5 See id. 6 (Punctuation omitted.) Whitehead v. State, 184 Ga. App. 307 ( 361 SE2d 188 ) (1987) (physical precedent only); Burke v. State, 265 Ga. App. 38 ( 592 SE2d 862 ) (2004). 7 (Punctuation omitted.) Burke, supra at 39 . 8 Whitehead, supra at 309 . 9 See Bellamy v. State, 243 Ga. App. 575, 578 (1) (b) ( 530 SE2d 243 ) (2000). 10 See Burke, s…
discussed Cited as authority (rule) Anderson v. State
Ga. Ct. App. · 2003 · confidence medium
Ellington and Phipps, JJ, concur. 1 Pollard, v. State, 230 Ga. App. 159 ( 495 SE2d 629 ) (1998). 2 Walters v. State, 244 Ga. App. 657, 658 ( 538 SE2d 451 ) (2000). 3 Manous v. State, 205 Ga. App. 804, 805 (1) ( 423 SE2d 721 ) (1992). 4 Burnette v. State, 168 Ga. App. 578, 579 (2) ( 309 SE2d 875 ) (1983). 5 Ranson v. State, 198 Ga. App. 659, 660 (2) ( 402 SE2d 740 ) (1991). 6 Ryans v. State, 226 Ga. App. 595, 597 (2) ( 487 SE2d 130 ) (1997). 7 Smarr v. State, 199 Ga. App. 572, 573 (2) ( 405 SE2d 561 ) (1991). 8 Carroll v. State, 255 Ga. App. 230, 232 (3) ( 564 SE2d 833 ) (2002). 9 Paul v. State…
discussed Cited as authority (rule) Hester v. State
Ga. Ct. App. · 2003 · confidence medium
J., and Miller, J., concur. 1 See Way v. State, 252 Ga. App. 9 (1) ( 555 SE2d 230 ) (2001), 2 See Jones v. State, 254 Ga. App. 863, 867 (7) ( 564 SE2d 220 ) (2002). 3 See id. 4 See Moore v. State, 257 Ga. App. 157, 158 (1) ( 571 SE2d 810 ) (2002); Watkins v. State, 253 Ga. App. 382, 385 (3) ( 559 SE2d 133 ) (2002). 5 See Lee v. State, 204 Ga. App. 283, 284 (5) ( 418 SE2d 809 ) (1992). 6 See OCGA § 16-13-30 (d). 7 Under OCGA § 16-13-30 (d), the minimum sentence for a second conviction for possessing cocaine with intent to distribute is ten years. 8 See Taylor v. State, 239 Ga. App. 329, 330 (…
cited Cited as authority (rule) McFarlin v. State
Ga. Ct. App. · 2003 · confidence medium
Brewer v. State, 224 Ga. App. 656, 657-658 (2) ( 481 SE2d 608 ) (1997).
discussed Cited as authority (rule) Richardson v. State
Ga. Ct. App. · 2002 · confidence medium
Pray, Assistant District Attorneys, for appellee. 1 Pollard, v. State, 230 Ga. App. 159 ( 495 SE2d 629 ) (1998). 2 Cook v. State, 180 Ga. App. 139, 140 ( 348 SE2d 687 ) (1986). 3 Johnson v. State, 149 Ga. App. 273, 274 (1) ( 253 SE2d 889 ) (1979). 4 Although not entered in evidence, a Georgia Crime Information Center report indicates that Richardson has availed himself of multiple birth dates, several different Social Security numbers, and multiple aliases, including that of “Randy Robinson.” 5 West v. Waters, 272 Ga. 591 (1) ( 533 SE2d 88 ) (2000). 6 Mullinax v. State, 242 Ga. App. 561, 5…
cited Cited as authority (rule) Woods v. State
Ga. Ct. App. · 2002 · confidence medium
Brewer v. State, 224 Ga. App. 656, 657-658 (2) ( 481 SE2d 608 ) (1997).
discussed Cited as authority (rule) Green v. State
Ga. · 2002 · confidence medium
A notice of appeal was timely filed on May 16, 2001, and the appeal was submitted for decision without oral argument. 2 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 OCGA § 17-8-4. 4 Adams v. State, 271 Ga. 485, 486 ( 521 SE2d 575 ) (1999); Satterfield v. State, 256 Ga. 593, 596 ( 351 SE2d 625 ) (1987); Cain v. State, 235 Ga. 128 ( 218 SE2d 856 ) (1975). 5 Satterfield, 256 Ga. at 596 . 6 Issac v. State, 269 Ga. 875, 879 ( 505 SE2d 480 ) (1998). 7 See Isaac, 269 Ga. at 879 ; Satterfield, 256 Ga. at 596 . 8 Adams, 271 Ga. at 486 . 9 Id.; see Isaac, 269 Ga. at 879 . 10 D…
discussed Cited as authority (rule) Laredo v. State
Ga. Ct. App. · 2002 · confidence medium
Grier v. State, 218 Ga. App. 637, 638 (1) ( 463 SE2d 130 ) (1995). 1 Grissom v. State, 187 Ga. App. 653, 654 (1) ( 371 SE2d 137 ) (1988). 3 Laredo’s initial appellate counsel filed a motion under Anders v. California, 386 U. S. 738 (87 SC 1396, 18 LE2d 493) (1967), in which he sought to withdraw “from further representation of the defendant on the ground that an appeal would be wholly frivolous.” The trial court then appointed new counsel who pursued this appeal. 4 Elrod v. State, 222 Ga. App. 704, 705-706 (1) ( 475 SE2d 710 ) (1996). 5 Pollard v. State, 230 Ga. App. 159, 161 (4) ( 495 S…
discussed Cited as authority (rule) Page v. State
Ga. Ct. App. · 2001 · confidence medium
Poole, Assistant District Attorney, for appellee. 1 Walters v. State, 244 Ga. App. 657 ( 538 SE2d 451 ) (2000). 2 Coleman v. State, 229 Ga. App. 642, 643 ( 494 SE2d 549 ) (1997). 3 Shropshire v. State, 201 Ga. App. 421, 422 ( 411 SE2d 339 ) (1991). 4 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 5 Allen v. State, 197 Ga. App. 3, 4 (1) ( 397 SE2d 472 ) (1990). 6 Gidden v. State, 234 Ga. App. 268 ( 506 SE2d 448 ) (1998). 7 Anderson v. State, 224 Ga. App. 608, 610 (1) ( 481 SE2d 595 ) (1997). 8 Gann v. State, 245 Ga. App. 448 (1) ( 538 SE2d 97 ) (2000). 9 Rucker v. State, 2…
discussed Cited as authority (rule) Mitchell v. State
Ga. Ct. App. · 2001 · confidence medium
Smith, P. J., and Barnes, J., concur. 1 At sentencing, the convictions for false imprisonment were merged with those for kidnapping. 2 373 U. S. 83 (83 SC 1194, 10 LE2d 215) (1963). 3 Ferguson v. State, 226 Ga. App. 681, 682 (2) ( 487 SE2d 467 ) (1997). 4 See Houston v. State, 187 Ga. App. 335, 338 (3) ( 370 SE2d 178 ) (1988). 5 See Hightower v. State, 227 Ga. App. 74, 77 ( 487 SE2d 646 ) (1997) (physical precedent only) (Brady disclosure required when the inconsistency is so self-contradictory as to contravene the entire impression or total effect of what is said or done). 6 Compare Carr v. S…
discussed Cited as authority (rule) Manning v. State
Ga. Ct. App. · 2001 · confidence medium
Pope, P. J., and Mikell, J, concur. 1 Pollard v. State, 230 Ga. App. 159 ( 495 SE2d 629 ) (1998). 2 Miller v. State, 270 Ga. 741, 743 (2) ( 512 SE2d 272 ) (1999). 3 Karim v. State, 244 Ga. App. 282, 284 (2) ( 535 SE2d 296 ) (2000). 4 Anderson v. State, 238 Ga. App. 866, 874 (5) ( 519 SE2d 463 ) (1999). 5 Webster v. Boyett, 269 Ga. 191, 195 (1) ( 496 SE2d 459 ) (1998). 6 Hudson v. State, 234 Ga. App. 895, 901 (3) (b) ( 508 SE2d 682 ) (1998). 7 Honeycutt v. State, 245 Ga. App. 819, 821 (3) ( 538 SE2d 870 ) (2000). 8 Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 9 Ruc…
discussed Cited as authority (rule) Callahan v. State (2×)
Ga. Ct. App. · 2001 · confidence medium
After Callahan filed a writ of mandamus, the trial judge voluntarily recused himself. 2 Pollard v. State, 230 Ga. App. 159 ( 495 SE2d 629 ) (1998). 3 See Anderson v. State, 246 Ga. App. 189, 190 (1) ( 539 SE2d 879 ) (2000). 4 Hayes v. State, 262 Ga. 881, 883 (3) ( 426 SE2d 886 ) (1993). 5 Brewer v. State, 224 Ga. App. 656, 657-658 (2) ( 481 SE2d 608 ) (1997). 6 McCant v. State, 234 Ga. App. 433, 435-436 (2) ( 506 SE2d 917 ) (1998). 7 See Brewer, supra, 224 Ga. App. at 658 (2). 8 See Slade v. State, 270 Ga. 305, 307 (2) ( 509 SE2d 618 ) (1998). 9 Meredith v. State, 211 Ga. App. 213, 215 (4) ( 4…
discussed Cited as authority (rule) Johnson v. State
Ga. Ct. App. · 2001 · confidence medium
C., 188 Ga. App. 849, 850 ( 374 SE2d 754 ) (1988). 5 Ellis v. State, 235 Ga. App. 837, 838 (4) ( 510 SE2d 127 ) (1998). 6 Birt v. State, 256 Ga. 483, 486-487 (4) ( 350 SE2d 241 ) (1986). 7 257 Ga. 32, 35 (2) (b) ( 354 SE2d 429 ) (1987). 8 Harris v. State, 202 Ga. App. 618, 623 (7) ( 414 SE2d 919 ) (1992). 9 Rucker v. State, 268 Ga. 406, 407 (2) ( 489 SE2d 844 ) (1997). 10 Brewer v. State, 224 Ga. App. 656, 657-658 (2) ( 481 SE2d 608 ) (1997). 11 See Johnson v. State, 266 Ga. 380, 383 (2) ( 467 SE2d 542 ) (1996). 12 Gary v. State, 244 Ga. App. 577, 578 ( 536 SE2d 220 ) (2000); see Williams v. D…
discussed Cited as authority (rule) Reece v. State
Ga. Ct. App. · 2001 · confidence medium
Andrews, P. J., and Eldridge, J., concur. 1 The State nolle prossed Count 7 accusing Reece of altering the identification number on a generator. 2 Karim v. State, 244 Ga. App. 282, 283-284 (2) ( 535 SE2d 296 ) (2000). 3 Small v. State, 243 Ga. App. 678 (1) ( 534 SE2d 139 ) (2000). 4 (Citations omitted.) Keller v. State, 169 Ga. App. 596 ( 314 SE2d 255 ) (1984). 5 Perkins v. State, 220 Ga. App. 524 (1) ( 469 SE2d 796 ) (1996). 6 See State v. Stephens, 252 Ga. 181, 182 ( 311 SE2d 823 ) (1984). 7 See Karim, supra, 244 Ga. App. at 284 (2). 8 Guild v. State, 236 Ga. App. 444, 446 (4) ( 512 SE2d 343…
cited Cited as authority (rule) Lewis v. State
Ga. Ct. App. · 2001 · confidence medium
Brewer v. State, 224 Ga. App. 656, 657-658 (2) ( 481 SE2d 608 ) (1997).
discussed Cited as authority (rule) Lane v. State
Ga. Ct. App. · 2001 · confidence medium
See Conger, supra, 245 Ga. App. at 401 (3) (b). 8 Ford, supra at 287 ; see also Turner, supra; Speagle v. State, 217 Ga. App. 577, 579 (1) ( 458 SE2d 852 ) (1995). 9 266 Ga. 700, 702-703 ( 469 SE2d 660 ) (1996); see also Kunselman v. State, 232 Ga. App. 323, 324-325 (1) ( 501 SE2d 834 ) (1998) (discussing Cantrell). 10 Compare Kunselman, supra at 325 (in that case, “Mather than ‘merely suggesting’ the order in which the offenses should be considered, the charge mandated unanimity”). 11 (Citation omitted.) Cantrell, supra at 702, n. 2 . 12 See Parks v. State, 241 Ga. App. 381, 384 (5) (…
cited Cited as authority (rule) Ricarte v. State
Ga. Ct. App. · 2001 · confidence medium
Brewer v. State, 224 Ga. App. 656, 657-658 (2) ( 481 SE2d 608 ) (1997).
discussed Cited as authority (rule) In Re Lmj
Ga. Ct. App. · 2001 · confidence medium
Auth. of Bremen, 271 Ga. 403 , 519 S.E.2d 665 (1999) (appeal by intervenors in bond validation proceeding). [2] See generally In the Interest of B.R.W., 242 Ga.App. 232, 241 (3), 530 S.E.2d 5 (2000). [3] See id. at 239-240 , 530 S.E.2d 5 . [4] See, e.g., Brewer v. State, 224 Ga.App. 656, 659 (6), 481 S.E.2d 608 (1997).
discussed Cited as authority (rule) Eggleston v. State
Ga. Ct. App. · 2001 · confidence medium
Eldridge and Barnes, JJ, concur. 1 Pollard v. State, 230 Ga. App. 159 ( 495 SE2d 629 ) (1998). 2 Condra v. State, 238 Ga. App. 174, 175 (2) ( 518 SE2d 186 ) (1999). 3 Gibbins v. State, 229 Ga. App. 896, 899 (4) ( 495 SE2d 46 ) (1997). 4 Livery v. State, 233 Ga. App. 332, 334 (1) (a) ( 503 SE2d 914 ) (1998). 5 Tucker v. State, 191 Ga. App. 648, 649 ( 382 SE2d 425 ) (1989). 6 Williams v. State, 261 Ga. 640, 642 (2) ( 409 SE2d 649 ) (1991). 7 Jordan v. State, 230 Ga. App. 560 ( 497 SE2d 48 ) (1998). 8 Simpson v. State, 271 Ga. 772 ( 523 SE2d 320 ) (1999). 9 Strickland v. Washington, 466 U. S. 668…
cited Cited as authority (rule) Turner v. State
Ga. Ct. App. · 2000 · confidence medium
Brewer v. State, 224 Ga. App. 656, 657-658 (2) ( 481 SE2d 608 ) (1997).
cited Cited as authority (rule) Ward v. State
Ga. Ct. App. · 2000 · confidence medium
Brewer v. State, 224 Ga. App. 656, 657-658 (2) ( 481 SE2d 608 ) (1997).
cited Cited as authority (rule) Harper v. State
Ga. Ct. App. · 2000 · confidence medium
Brewer v. State, 224 Ga. App. 656, 657-658 (2) ( 481 SE2d 608 ) (1997).
discussed Cited as authority (rule) Salahuddin v. State
Ga. Ct. App. · 1999 · confidence medium
See Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 10 United States v. Keller, 916 F2d 628, 633 (11th Cir. 1990). 11 United States v. Cancelliere, 69 F3d 1116, 1121 (11th Cir. 1995). 12 Id.; see also United States v. Miller, 471 U. S. 130, 136 (105 SC 1811, 85 LE2d 99) (1985). 13 176 F3d 898 (6th Cir. 1999). 14 See, e.g., Gilbert v. State, 209 Ga. App. 483, 484 (1) ( 433 SE2d 664 ) (1993). 15 214 Ga. App. 479, 481 (5) ( 448 SE2d 223 ) (1994). 16 (Punctuation omitted.) Ledford v. State, 221 Ga. App. 238, 242 (4) ( 470 SE2d 796 ) (1996). 17 See id.; Sims v. State, 213 Ga. A…
cited Cited as authority (rule) Hope v. State
Ga. Ct. App. · 1999 · confidence medium
Brewer v. State, 224 Ga. App. 656, 657-658 (2) ( 481 SE2d 608 ) (1997).
cited Cited as authority (rule) Washington v. State
Ga. Ct. App. · 1999 · confidence medium
Brewer v. State, 224 Ga.App. 656, 657-658 (2), 481 S.E.2d 608 (1997).
cited Cited as authority (rule) Washington v. State
Ga. Ct. App. · 1999 · confidence medium
Brewer v. State, 224 Ga. App. 656, 657-658 (2) ( 481 SE2d 608 ) (1997).
cited Cited as authority (rule) Lawrence v. State
Ga. Ct. App. · 1999 · confidence medium
Brewer v. State, 224 Ga. App. 656, 657-658 (2) ( 481 SE2d 608 ) (1997).
cited Cited as authority (rule) Jones v. State
Ga. Ct. App. · 1999 · confidence medium
Brewer v. State, 224 Ga. App. 656, 657-658 (2) ( 481 SE2d 608 ) (1997).
discussed Cited as authority (rule) Gordon v. State
Ga. Ct. App. · 1998 · confidence medium
However, Gordon did not raise this argument before the trial court, and “[i]ssues and objections not raised at trial cannot be raised for the first time on appeal because they are deemed waived.” Brewer v. State, 224 Ga. App. 656, 659 (6) ( 481 SE2d 608 ) (1997).
cited Cited as authority (rule) Key v. State
Ga. Ct. App. · 1998 · confidence medium
Brewer v. State, 224 Ga. App. 656, 658 (2) ( 481 SE2d 608 ) (1997).
cited Cited as authority (rule) Piefer v. State
Ga. Ct. App. · 1997 · confidence medium
Cantrell v. State, 266 Ga. 700, 703 , 469 S.E.2d 660 (1996); Brewer v. State, 224 Ga.App. 656, 658 (3), 481 S.E.2d 608 (1997).
cited Cited as authority (rule) Piefer v. State
Ga. Ct. App. · 1997 · confidence medium
Cantrell v. State, 266 Ga. 700, 703 ( 469 SE2d 660 ) (1996); Brewer v. State, 224 Ga. App. 656, 658 (3) ( 481 SE2d 608 ) (1997).
discussed Cited "see" Goodrum v. State (2×)
Ga. Ct. App. · 2008 · signal: see · confidence high
See generally Brewer v. State, 224 Ga. App. 656, 657-658 (2) ( 481 SE2d 608 ) (1997).
discussed Cited "see" Johnson v. State (2×)
Ga. Ct. App. · 2005 · signal: see · confidence high
See Brewer v. State, 224 Ga. App. 656, 657-658 (2) ( 481 SE2d 608 ) (1997). (a) The State exercised all six of its strikes against African-Americans.
discussed Cited "see" Reddick v. State (2×)
Ga. Ct. App. · 2003 · signal: see · confidence high
See generally Brewer v. State, 224 Ga. App. 656, 657-658 (2) ( 481 SE2d 608 ) (1997).
discussed Cited "see" Beck v. State (2×)
Ga. Ct. App. · 2003 · signal: see · confidence high
See generally Brewer v. State, 224 Ga. App. 656, 657-658 (2) ( 481 SE2d 608 ) (1997).
discussed Cited "see" Cummings v. State (2×)
Ga. Ct. App. · 2003 · signal: see · confidence high
See generally Brewer v. State, 224 Ga. App. 656, 657-658 (2) ( 481 SE2d 608 ) (1997).
discussed Cited "see" Nelson v. State (2×)
Ga. Ct. App. · 2000 · signal: see · confidence high
See Brewer v. State, 224 Ga. App. 656, 657-658 (2) ( 481 SE2d 608 ) (1997) (failure to satisfy either prong of the Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984) standard is fatal to an ineffectiveness claim). 8.
Brewer
v.
the State
A96A2297.
Court of Appeals of Georgia.
Feb 14, 1997.
481 S.E.2d 608
Wolfe & Steel, Brian Steel, for appellant., Lewis R. Slaton, District Attorney, Leonora Grant, William F. Riley, Jr., John C. Culp, Assistant District Attorneys, for appellee.
Harold R. Banke.
Cited by 54 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 85%
Citer courts: Court of Appeals of Georgia (1)
Judge Harold R. Banke.

Ralph Brewer was convicted of trafficking in cocaine and possession with intent to distribute. After merging the two counts, the trial court sentenced Brewer to the mandatory minimum of twenty-five years. Due to subsequent changes in counsel, the trial court permitted an out-of-time appeal. [1] Following the denial of his motion for new trial, Brewer asserts nine errors.

Viewed in a light most favorable to the verdict, the State’s evidence was as follows. Sergeant Walter Britt, an undercover drug investigator, used an informant to arrange the purchase of a substantial amount of cocaine. In Britt’s presence, the informant telephoned Tonya Smith, a friend of Brewer, who agreed to act as an intermediary in obtaining the cocaine. Smith testified that when she told Brewer that someone wanted a “key of dope” (kilo), Brewer said he would see what he could do. [2] A few days later, Brewer set the price at $26,000 for the kilo. Smith and Brewer agreed that the[*657] transaction would occur at her apartment on February 2, 1994 at 10:00 a.m. Brewer arrived shortly before the appointed time and the purchasers, the informant and undercover officer Angela Ficklin, came about 20-30 minutes later. Smith testified that no drugs were in her apartment before Brewer arrived. After the buyers came, Brewer retrieved the cocaine in a grocery bag from a bedroom. Brewer opened the grocery bag and displayed a block of cocaine wrapped in black tape. Complying with Ficklin’s request to see the drugs, Brewer used a knife to unwrap the tape. As Ficklin watched Brewer cut the tape she saw “white stuff” flying up out of the block. Claiming that she had to retrieve the purchase money from her car, Ficklin then went outside and signaled her backup. Britt and other police immediately entered. Britt found the cocaine on the floor about two feet from Brewer. State forensic testing determined that the cocaine had a purity of 85 percent and that the block of cocaine without the packaging weighed 1,044 grams.

At trial, Brewer contended that he was at Smith’s apartment solely to visit Smith’s infant baby whom he had fathered. He denied any knowledge of or participation in the drug transaction at Smith’s apartment contending that Smith alone was conducting the drug deal. Held:

1. Brewer asserts that the trial court erred by failing to charge on constructive possession, his sole defense. Brewer further claims that he was entitled to a charge that the law presumes that the drugs belong to the owner of a house ánd an instruction that a finding of constructive possession must be based on evidence other than spatial proximity.

Notwithstanding Brewer’s claim to the contrary, the court did instruct on constructive possession, quoting verbatim the pattern charge. Suggested Pattern Jury Instructions, Vol. II: Criminal Cases (2nd ed.), p. 136. Nor is there merit to Brewer’s assertion that he was entitled to a customized constructive possession charge. A trial court need not give a particular instruction where the entire charge, as here, fairly presents the issues, including the defendant’s theory. Tarvestad v. State, 261 Ga. 605, 606 (409 SE2d 513) (1991).

The State’s evidence showing Brewer’s actual participation in a direct sale to the undercover officer rebutted the presumption of possession against the owner of the premises. Walton v. State, 217 Ga. App. 773, 774 (1) (459 SE2d 184) (1995). No such charge was therefore demanded. Id.; compare Paden v. State, 216 Ga. App. 188, 189 (1) (453 SE2d 788) (1995).

2. Brewer contends that his trial counsel and motion for new trial counsel rendered ineffective assistance based on the trial court’s failure to give the two jury instructions discussed in Division 1. Inasmuch as the trial court’s charge was not error, it follows that Brewer[*658] cannot show both the requisite error and prejudice to his defense needed for reversal. Stephens v. State, 265 Ga. 120, 121 (2) (453 SE2d 443) (1995). See Strickland v. Washington, 466 U. S. 668, 687 (104 SC 2052, 80 LE2d 674) (1984).

3. Brewer contends that the trial court erred when it instructed the jurors to deliberate the trafficking count before considering the possession with intent to distribute count. Brewer complains that the sequential instruction violated his right to have the jurors consider the case as a whole. Compare Lajara v. State, 263 Ga. 438, 439 (2) (435 SE2d 600) (1993) (sequential charges disapproved only in felony murder, voluntary manslaughter context).

Cantrell v. State, 266 Ga. 700 (469 SE2d 660) (1996) does not require a different result. Here, the trial court did not compel the jury to deliberate on the greater offense after it reached a verdict on the lesser included offense. Nor did the trial court insist on unanimous agreement by the jury before it could proceed to the lesser included offense. Id. at 703; Miller v. State of Ga., 58 Ga. 200, 202-203 (2) (1877). See Alexander v. State, 247 Ga. 780, 784 (3) (279 SE2d 691) (1981) (no error where trial court did not charge jury that it had to find defendant not guilty of murder by unanimous vote before it could discuss the lesser offense). We find no error with the instruction as given.

4. Brewer’s decision to reject the State’s plea offer did not constitute ineffective assistance of counsel. [3] At the motion hearing, Brewer’s trial counsel, Glenn Zell, testified that he discussed the State’s plea offer with Brewer on numerous occasions. They also discussed the possible outcome of the trial. Zell explained that when the State offered 25 years he recommended that the case be tried because 25 years was the same as the mandatory minimum sentence. Subsequently, at the beginning of the trial the State proposed 15 years. According to Zell, it was Brewer who made the ultimate decision to proceed to trial, stating, “let’s try it, always want to try it. . . .” After reviewing the record, we are not able to conclude that the trial court’s ruling was clearly erroneous. Johnson v. State, 266 Ga. 380, 383 (2) (467 SE2d 542) (1996).

5. The trial court did not comment on the evidence in its instruction. The court instructed, “The events charged in this indictment is [sic] a violation of Georgia Controlled Substances. . . .” Although this charge deviated from the Pattern Instructions, a mere slip of the tongue is not synonymous with commenting on the evidence. See[*659] Whitt v. State, 257 Ga. 8, 9 (3) (354 SE2d 116) (1987); compare OCGA § 17-8-57. Inasmuch as the charge as a whole properly instructed the jury and the court specifically instructed the jury that it did not intend to comment on the evidence, there was no error. Gober v. State, 247 Ga. 652, 655 (3) (278 SE2d 386) (1981).

Decided February 14, 1997. Wolfe & Steel, Brian Steel, for appellant.

6. Brewer’s claim that the trial court allowed impermissible character evidence was not preserved for appellate review. Issues and objections not raised at trial cannot be raised for the first time on appeal because they are deemed waived. Jacobson v. State, 201 Ga. App. 749, 751 (2) (b) (412 SE2d 859) (1991).

7. The trial court’s admission of evidence relating to an attempted cocaine deal that failed to materialize was proper. The drug deal at issue on February 2, 1994, was the culmination of two telephone conversations, one on January 25, and another on February 2. The first attempt to effectuate a drug deal collapsed. The January 25 conversations were part of the planning phase to make the necessary arrangements for the instant drug deal. Circumstances forming a part of the main transaction are admissible as part of a continuous transaction or as res gestae. OCGA § 24-3-3; Bostic v. State, 183 Ga. App. 430, 431 (1) (359 SE2d 201) (1987).

8. Brewer’s contention that a State witness was improperly admitted as an expert is without merit. Britt testified without objection that the cocaine had a value of $100,000 and that he could “cut” it to make it into four times as much cocaine or “cook” it into crack. Even assuming arguendo that the court erred in admitting Britt’s testimony, Brewer cannot prove the requisite harm, as there is overwhelming evidence of his guilt. Palmer v. State, 186 Ga. App. 892, 897 (369 SE2d 38) (1988).

9. Brewer claims that the trial court erred and his counsel was ineffective because although the jury was instructed that it could find him guilty of conspiracy to traffic cocaine, that crime was not included on the verdict form. OCGA § 16-13-33. However, Brewer did not request the charge on conspiracy or its inclusion on the verdict form. Inasmuch as Brewer’s sole defense was that Smith acted alone without his knowledge, the decision to have the jury consider only the crimes charged in the indictment was a matter of trial strategy. Trial strategy and tactics do not equate with ineffective assistance of counsel. Nolan v. State, 204 Ga. App. 170, 172 (3) (419 SE2d 72) (1992). Accordingly, we find no error. See Strickland v. Washington, 466 U. S. at 687.

Judgment affirmed.

Andrews, C. J, and Pope, P. J., concur. [*660] Lewis R. Slaton, District Attorney, Leonora Grant, William F. Riley, Jr., John C. Culp, Assistant District Attorneys, for appellee.
1

Brewer’s trial counsel was Glenn Zell. Brewer’s initial appellate counsel was Eddie Castleberry, followed by Ellis Peetlink, who was succeeded by Brian Steel, current counsel. This Court dismissed the first appeal filed by Castleberry because it lacked a brief and an enumeration of errors.

2

Smith pleaded guilty to possession with intent to distribute and agreed to testify against Brewer.

3

Appellate counsel repeatedly asserts that the ineffectiveness of trial counsel issue is being raised for the first time. The record belies this contention as Brewer earlier alleged trial counsel’s ineffectiveness based on 19 purported failures during trial. Following a hearing, the trial court denied the new trial motion on each and every ground.