King v. State, 539 S.E.2d 614 (Ga. Ct. App. 2000). · Go Syfert
King v. State, 539 S.E.2d 614 (Ga. Ct. App. 2000). Cases Citing This Book View Copy Cite
35 citation events (35 in the last 25 years) across 1 distinct court.
Strongest positive: Eliezer Toro v. State (gactapp, 2012-11-29)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 16 distinct citers.
cited Cited as authority (rule) Eliezer Toro v. State
Ga. Ct. App. · 2012 · confidence medium
King v. State, 246 Ga. App. 100, 102 (3) ( 539 SE2d 614 ) (2000).
cited Cited as authority (rule) Toro v. State
Ga. Ct. App. · 2012 · confidence medium
King v. State, 246 Ga. App. 100, 102 (3) ( 539 SE2d 614 ) (2000).
discussed Cited as authority (rule) Smarr v. State
Ga. Ct. App. · 2012 · confidence medium
See Henderson v. State, 300 Ga. App. 478, 480-81 (1) ( 685 SE2d 454 ) (2009); Butler v. State, 294 Ga. App. 540, 543 (2) ( 669 SE2d 525 ) (2008); King v. State, 246 Ga. App. 100, 101-02 (2) ( 539 SE2d 614 ) (2000).
discussed Cited as authority (rule) Deonte Smarr v. State
Ga. Ct. App. · 2012 · confidence medium
We will address each of these claims in turn. 4 See Henderson v. State, 300 Ga. App. 478, 480-81 (1) ( 685 SE2d 454 ) (2009); Butler v. State, 294 Ga. App. 540, 543 (2) ( 669 SE2d 525 ) (2008); King v. State, 246 Ga. App. 100, 101-02 (2) ( 539 SE2d 614 ) (2000). 9 (a) Smarr first argues that a fatal variance exists between the indictment and the evidence presented at trial.
cited Cited as authority (rule) Smith v. State
Ga. Ct. App. · 2008 · confidence medium
See also Abernathy v. State, 252 Ga. App. 635, 638 (5) (e) ( 556 SE2d 859 ) (2001); King v. State, 246 Ga.App. 100,103 (3) (539SE2d614) (2000).
discussed Cited as authority (rule) Johnson v. State
Ga. Ct. App. · 2005 · confidence medium
Andrews, P. J., and Mikell, J., concur. 1 Smiley v. State, 260 Ga. App. 283 (1) ( 581 SE2d 310 ) (2003). 2 Scott v. State, 243 Ga. App. 383, 384 (1) (a) ( 532 SE2d 141 ) (2000). 3 Id. 4 OCGA § 16-8-7. 5 See DeLong v. State, 270 Ga. App. 173, 174-175 (1) ( 606 SE2d 107 ) (2004); Willis v. State, 239 Ga. App. 607 ( 521 SE2d 662 ) (1999). 6 See Lighten v. State, 259 Ga. App. 280, 282 (1) ( 576 SE2d 658 ) (2003); Allen v. State, 248 Ga. App. 79, 80 (1) ( 545 SE2d 629 ) (2001). 7 Gibson v. State, 267 Ga. App. 473,477 (3) ( 600 SE2d 417 ) (2004) (citation and punctuation omitted). 8 Moss v. State, …
cited Cited as authority (rule) Berry v. State
Ga. Ct. App. · 2005 · confidence medium
Williams v. State, 261 Ga. 640 ( 409 SE2d 649 ) (1991); King v. State, 246 Ga. App. 100, 101 (2) ( 539 SE2d 614 ) (2000).
discussed Cited as authority (rule) Level v. State
Ga. Ct. App. · 2005 · confidence medium
King v. State, 246 Ga. App. 100, 101 (2) ( 539 SE2d 614 ) (2000). 6 See Supreme Court cases cited in James v. State, supra at 691, finding that analogizing the defendant to Jim Jones, the Nazis, the Viet Cong, and well-known murderers Charles Manson, David Berkowitz, and Jeffrey Dahmer was not improper.
discussed Cited as authority (rule) Gibson v. State
Ga. Ct. App. · 2004 · confidence medium
Gray Conger, District Attorney, Alonza Whitaker, Assistant District Attorney, for appellee. 1 OCGA§ 16-7-1 (a). 2 Short v. State, 234 Ga. App. 633, 634 (1) ( 507 SE2d 514 ) (1998). 3 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 4 OCGA §24-4-8. 5 King v. State, 246 Ga. App. 100, 101 (2) ( 539 SE2d 614 ) (2000). 6 Williams v. State, 261 Ga. 640, 642 (2) (b) ( 409 SE2d 649 ) (1991). 7 Thompson v. State, 241 Ga. App. 295, 297 ( 526 SE2d 434 ) (1999). 9 Smith v. State, 273 Ga. 356, 357 (2) ( 541 SE2d 362 ) (2001). 10 Quezada v. State, 236 Ga. App. 718, 719 (1) ( 512 SE2d 4…
discussed Cited as authority (rule) Carson v. State (2×)
Ga. Ct. App. · 2003 · confidence medium
Id. at 72 (3). 239 Ga. App. 329 ( 521 SE2d 375 ) (1999). 257 Ga. App. 642, 644 (3) ( 572 SE2d 660 ) (2002); see Mann v. State, 240 Ga. App. 809, 810 (1) (b) ( 524 SE2d 763 ) (1999); Gary v. State, 244 Ga. App. 577 ( 536 SE2d 220 ) (2000); King v. State, 246 Ga. App. 100, 102 (3) ( 539 SE2d 614 ) (2000); see also Abernathy v. State, 252 Ga. App. 635, 638 (5) (e) ( 556 SE2d 859 ) (2001).
discussed Cited as authority (rule) Whited v. State
Ga. Ct. App. · 2002 · confidence medium
Barnes, J., and Pope, Senior Appellate Judge, concur. 1 (Punctuation omitted.) Avans v. State, 251 Ga. App. 575 ( 554 SE2d 766 ) (2001). 2 See Presnell v. State, 274 Ga. 246, 254 (16) ( 551 SE2d 723 ) (2001). 3 See Demetrios v. State, 246 Ga. App. 506, 514-515 (7) (c) ( 541 SE2d 83 ) (2000). 4 See Gary v. State, 241 Ga. App. 76, 78 (3) ( 526 SE2d 148 ) (1999). 5 King v. State, 246 Ga. App. 100, 102 (3) ( 539 SE2d 614 ) (2000). 6 See Crabbe v. State, 248 Ga. App. 314, 315-316 ( 546 SE2d 65 ) (2001). 7 273 Ga. 608 ( 543 SE2d 716 ) (2001). 8 See id. at 609-610 (2); Smith v. State, 255 Ga. App. 58…
discussed Cited as authority (rule) Pickard v. State
Ga. Ct. App. · 2002 · confidence medium
Mann v. State, 240 Ga. App. 809, 810 (1) (b) ( 524 SE2d 763 ) (1999). 1 Pickard was acquitted on one count of rape, one count of enticing a child for indecent purposes, and one count of kidnapping. 2 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 4 Pye v. State, 269 Ga. 779, 787 (14) ( 505 SE2d 4 ) (1998). 5 Williams v. State, 253 Ga. App. 453, 456 (3) ( 559 SE2d 512 ) (2002). 6 King v. State, 246 Ga. App. 100, 102 (3) ( 539 SE2d 614 ) (2000). 7 Williams v. Duffy, 270 Ga. 580, 581 (1) ( 513 SE2d 212 ) (1999).
discussed Cited as authority (rule) Wynn v. State
Ga. Ct. App. · 2001 · confidence medium
Ruffin and Ellington, JJ, concur. 1 Morrill v. State, 216 Ga. App. 468 -469 (1) ( 454 SE2d 796 ) (1995). 2 See Richardson v. State, 182 Ga. App. 661, 663 (3) ( 356 SE2d 725 ) (1987). 3 See King v. State, 246 Ga. App. 100, 101-102 (2) ( 539 SE2d 614 ) (2000). 4 See Hixson v. State, 217 Ga. App. 606, 608 (3) ( 458 SE2d 402 ) (1995). 5 See Quijano v. State, 271 Ga. 181, 184 (3) ( 516 SE2d 81 ) (1999); Tiller v. State, 222 Ga. App. 840, 841 ( 476 SE2d 591 ) (1996).
discussed Cited "see" Littlejohn v. State (2×)
Ga. Ct. App. · 2013 · signal: see · confidence high
See King v. State, 246 Ga. App. 100, 101-102 (2) ( 539 SE2d 614 ) (2000); Henderson v. State, 190 Ga. App. 243 ( 378 SE2d 530 ) (1989).
discussed Cited "see" Daniel Kirk Littlejohn v. State (2×)
Ga. Ct. App. · 2013 · signal: see · confidence high
See King v. State, 246 Ga. App. 100, 101-102 (2) ( 539 SE2d 614 ) (2000); Henderson v. State, 190 Ga. App. 243 ( 378 SE2d 530 ) (1989).
discussed Cited "see" Tukes v. State (2×)
Ga. Ct. App. · 2001 · signal: see · confidence high
The next morning, the owner recovered the vehicle from an impound lot. 3 See Myrick v. State, 210 Ga. App. 393 ( 436 SE2d 100 ) (1993). 4 See Barrett v. State, 207 Ga. App. 370 ( 427 SE2d 845 ) (1993). 5 See Cottrell v. State, 210 Ga. App. 55, 57 ( 435 SE2d 272 ) (1993); Byrd v. State, 186 Ga. App. 446, 447 (1) ( 367 SE2d 300 ) (1988); see generally Lovell v. State, 235 Ga. App. 140, 141 (1) (a) ( 508 SE2d 771 ) (1998). 6 OCGA § 16-8-2. 7 See Gill v. State, 197 Ga. App. 558, 559 (1) ( 398 SE2d 833 ) (1990). 8 Id. at 559-560 . 9 Romano v. State, 233 Ga. App. 149, 152 (2) ( 503 SE2d 380 ) (1998…
King
v.
the State
A00A1454.
Court of Appeals of Georgia.
Sep 22, 2000.
539 S.E.2d 614
Carla J. Friend, for appellant., Paul L. Howard, Jr., District Attorney, Elizabeth A. Baker, Assistant District Attorney, for appellee.
Blackburn, Eldridge, Barnes.
Cited by 17 opinions  |  Published
Blackburn, Presiding Judge.

Following a jury trial, Leon King was convicted of robbery, armed robbery, and two counts of burglary. King appeals contending that: (1) the evidence was insufficient to support his convictions; (2) the trial court erred by admitting similar transaction evidence; and (3) he received ineffective assistance of counsel. For the following reasons, we affirm.

Viewing the evidence in the light most favorable to the jury’s verdict, Yarbrough v. State, 1 the record shows that, on July 8, 1996, Barbara Morton was in her home watching TV when King entered her house with a gun. He robbed her of $2,100 in cash. At trial, King’s girlfriend testified that King told her he had taken $2,100 from an elderly lady.

Sixteen days later, on July 24, 1996, at 4:00 a.m., Morton heard the door to her basement kicked open and then saw King in her hallway. King grabbed her, threatened her, and took $30 in cash. Morton positively identified King at trial as the man who had robbed her on both occasions.

1. The evidence at trial supported King’s convictions of robbery, armed robbery, and burglary. “A person commits the offense of burglary when, without authority and with the intent to commit a felony or theft therein, he enters or remains within the dwelling house of another.” OCGA § 16-7-1 (a). Morton testified that King entered her[*101] home without her consent on two occasions to rob her.

“A person commits the offense of robbery when, with intent to commit theft, he takes property of another from the person or the immediate presence of another: (1) [b]y use of force; [or] (2) [b]y intimidation.” OCGA § 16-8-40 (a). Morton testified that, during the second encounter with King, he grabbed her, threw her to the floor, covered her face and mouth, and demanded money.

“A person commits the offense of armed robbery when, with intent to commit theft, he or she takes property of another from the person or the immediate presence of another by use of an offensive weapon.” OCGA § 16-8-41 (a). Morton testified that, during the first encounter with King, he put a gun to her head, grabbed both her wrists in one of his hands, and dragged her off the sofa and down the hall before taking her money. This evidence was sufficient to authorize the jury’s finding that King was guilty, beyond a reasonable doubt, of the offenses of robbery, armed robbery, and two counts of burglary. See Jackson v. Virginia. [2]

2. In the second enumeration of error, King contends the trial court erred in allowing the admission of similar transaction testimony over his objection because the evidence was offered for inappropriate purposes and because the prior act was not sufficiently similar.

Evidence of similar transactions may be admitted if the State affirmatively shows (1) that the evidence serves an appropriate purpose; (2) the accused committed the other offense; and (3) a sufficient connection between the similar offense and the offense for which the accused is being tried such that proof of the former tends to prove the latter.

(Punctuation omitted.) Grant v. State; 3 Williams v. State. 4

During a pre-trial hearing on the admissibility of the similar transaction evidence, the State informed King that a City of Atlanta police officer would offer testimony about Kang’s 1995 guilty plea for attempted burglary of the officer’s apartment, located approximately 600-1,000 feet from Morton’s home. At trial, the officer identified King as the person who had tried to kick in and pry open his door with a crowbar. Evidence of King’s guilty plea was admitted at trial.

The trial court admitted the similar transaction evidence to show identity, motive, intent, course of conduct, scheme, plan, and bent of mind. These are proper purposes for the admission of the evi[*102] dence. Grant, supra. Regarding the similarity of the incidents, on appeal we focus on the similarities of the incidents rather than their differences. Quezada v. State. 5 In this case, both acts concerned burglary or attempted burglary in which King had kicked in or attempted to kick in the victim’s door. The incidents occurred in the same neighborhood. The trial court’s determination that the earlier attempted burglary was sufficiently similar to the burglaries in the present case was not clearly erroneous. Evans v. State. 6

3. In the third enumeration of error, King alleges ineffective assistance of counsel. King contends that his plea of not guilty was ill-advised because his counsel did not tell him that the State intended to seek recidivist punishment and thát, consequently, if convicted he would be ineligible for parole. King declined the State’s pre-trial offer of a plea agreement to serve ten years. At the hearing on the motion for new trial, King testified that he would have accepted the plea bargain had he understood that he might have to serve more time.

An attorney’s failure to inform a defendant regarding his ineligibility for parole does not constitute ineffective assistance of counsel. Taylor v. State; 7 Mann v. State; 8 see Williams v. Duffy. 9

[Eligibility or ineligibility for parole is not a consequence of a plea of guilty, but rather is a matter of legislative grace or a consequence of the withholding of legislative grace. Williams v. Duffy, [supra]. Thus, the requirement . . . that [King] serve the maximum time provided in the sentence of the judge for this conviction! ] would have only a collateral effect on [King’s] sentence. . . . [Id.] There is no constitutional requirement that a defendant be advised of such collateral consequences for his decision to reject or accept a plea bargain to be valid.

Mann, supra at 810.

Moreover, King’s own testimony shows that he understood the ramifications of accepting the plea or proceeding to trial. King testified at the hearing on the motion for new trial that his counsel had advised him that if he accepted the plea he would have to serve all ten years due to his prior convictions. Rang further testified that counsel advised him that if he was convicted of the crimes, he would[*103] have to serve the full amount of his sentence. Under these circumstances, the trial court’s determination that King was not denied effective assistance of counsel is not clearly erroneous and will not be disturbed. Mann, supra; Taylor, supra.

Decided September 22, 2000. Carla J. Friend, for appellant. Paul L. Howard, Jr., District Attorney, Elizabeth A. Baker, Assistant District Attorney, for appellee.

Judgment affirmed.

Eldridge and Barnes, JJ, concur.
1

Yarbrough v. State, 241 Ga. App. 777, 780-781 (4) (527 SE2d 628) (2000).

2

Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

3

Grant v. State, 237 Ga. App. 892, 894 (2) (515 SE2d 872) (1999).

4

Williams v. State, 261 Ga. 640, 641 (2) (409 SE2d 649) (1991).

5

Quezada v. State, 236 Ga. App. 718, 721 (1) (512 SE2d 401) (1999).

6

Evans v. State, 235 Ga. App. 577, 579 (3) (510 SE2d 313) (1998).

7

Taylor v. State, 239 Ga. App. 329 (521 SE2d 375) (1999).

8

Mann v. State, 240 Ga. App. 809, 810 (1) (b) (524 SE2d 763) (1999).

9

Williams v. Duffy, 270 Ga. 580, 581 (1) (513 SE2d 212) (1999).