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Staley v. State

Court of Appeals of Georgia

December 18, 2014

STALEY
v.
THE STATE

Aggravated assault, etc. Richmond Superior Court. Before Judge Annis.

Jeana D. Johnson, for appellant.

Ashley Wright, District Attorney, Joshua B. Smith, Assistant District Attorney, for appellee.

MCFADDEN, Judge. Andrews, P. J., and Ray, J., concur.

OPINION

Page 508

McFadden, Judge.

After a jury trial, Carlos Sylvon Staley was convicted of burglary, armed robbery, aggravated assault, false imprisonment, and possession of a firearm during the commission of a crime. Staley argues that the trial court erred in charging the jury on aggravated assault, but he did not object to the charge at trial and we find no plain error that would require reversal. Staley also argues that his trial counsel was ineffective in allowing copies of his certified convictions to go to the jury, but the record does not show that this in fact occurred. Accordingly, we affirm.

1. Facts.

Viewed in the light most favorable to the verdict, the evidence showed that on November 27, 2009, Tony Lindsey returned home from work to find two men had broken into his house. The men, who each had a handgun, forced Lindsey to the ground. At that moment, Lindsey's friend Tasha Williams entered the house. One of the men pointed a gun at Williams's head, and she also dropped to the ground. The men forced Lindsey and Williams into a back room and fled the house, taking cash, a laptop computer, and Lindsey's Pomeranian puppy.

As the men left, Lindsey called 911 and described them and their location. Lindsey and a friend then attempted to follow the men but abandoned the chase when one of the men shot at them. An off-duty law enforcement officer also saw the men running through the neighborhood and reported their location to dispatch.

Law enforcement officers quickly arrived and soon found Staley hiding in the open garage of a vacant house in the neighborhood, a gun within arm's reach. Lindsey's puppy was found in a nearby yard and his laptop computer was found in a nearby driveway. Lindsey identified Staley as one of the men who had broken into his house, and Staley's fingerprint was on a thumb drive in the laptop computer.

[330 Ga.App. 502] 2. Jury charge.

Staley argues that the trial court erred in its charge to the jury on aggravated assault. Because Staley did not object to the charge at trial, " the matter is subject only to plain error review on appeal." Givens v. State, 294 Ga. 264, 266 (2) (751 S.E.2d 778) (2013) (citations omitted). See OCGA ยง 17-8-58 (b). In considering whether the giving of a charge was plain error, " we must consider whether the instruction was erroneous, whether it was obviously so, and whether it ...


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