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Shears v. State

Court of Appeals of Georgia

June 16, 2015

SHEARS
v.
THE STATE

Cert. applied for.

Effective assistance of counsel. Gwinnett Superior Court. Before Judge Tom Davis.

Lucas O. Harsh, for appellant.

Daniel J. Porter, District Attorney, Richard C. Armond, Assistant District Attorney, for appellee.

MCFADDEN, Judge. Ellington, P. J., and Dillard, J., concur.

OPINION

Page 777

McFadden, Judge.

A jury found Jessen Brett Shears guilty of trafficking in methamphetamine in violation of OCGA § 16-13-31 (e) and possessing a controlled substance in violation of OCGA § 16-13-30 (a). On appeal, Shears argues that he received ineffective assistance of trial counsel, but he has not shown both that his trial counsel performed deficiently and that he was prejudiced. He also argues that the trial court erred in denying his motion to suppress evidence found during a search of his house pursuant to a warrant, but he did not preserve this issue for appellate review. Accordingly, we affirm.

1. Facts.

The evidence, viewed most favorably to the verdict, shows that on October 8, 2008, police officers arrested Zachary Barrett and Dionne Malinasky on outstanding warrants for drug-related offenses. In ensuing interviews, Barrett

Page 778

and Malinasky informed the police that [332 Ga.App. 515] earlier in the day they had been at a house occupied by Jessen Shears and Lisa Petronski (Shears's co-defendant in this case). Barrett and Malinasky described drug activity, including sales of methamphetamine, at the house.

Later that day, the police obtained and executed a search warrant at Shears's house. In Shears's bedroom they found, among other things, a firearm, marijuana, and an unlocked safe containing 39.86 grams of methamphetamine. They also observed cameras outside the house that provided a live video feed to monitors in Shears's bedroom. As they were executing the search warrant, Shears arrived at the house, and the police arrested him. In a pat-down search they found two bundles of cash, totaling over $2,400, in Shears's pockets, and in a search of Shears's vehicle they found another firearm and a ledger. A police officer admitted as an expert in general narcotics investigation testified at trial that the ledger depicted methamphetamine transactions.

At trial, Malinasky testified that she witnessed Shears sell methamphetamine at the house on several occasions, including a day or two before the October 8, 2008 arrest. And Barrett testified that he had purchased methamphetamine at the house ...


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