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| Green v. State, A06A2179.,
COURT OF APPEALS OF GEORGIA, February 9, 2007, Decided
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Overview: Because defendant was not charged with any crime at the time he was incarcerated for a parole violation when he attempted to escape from custody, he was erroneously sentenced for a felony under O.C.G.A. § 16-10-52(b)(2) and was entitled to resentencing for misdemeanor attempted escape under O.C.G.A. § 16-10-52(b)(4)
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| In the Interest of E.J., A06A1678.,
COURT OF APPEALS OF GEORGIA, February 9, 2007, Decided
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Overview: Sufficient evidence existed to uphold a juvenile's adjudication as delinquent based on her commission of a battery, in violation of O.C.G.A. § 16-5-23.1(a), as the evidence established that the juvenile struck a schoolmate on the bus several times, causing a bloody nose, a bruise above one eye, and a raised bruise on the victim's forehead.
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| Johnson v. State, A06A1983,
COURT OF APPEALS OF GEORGIA, February 9, 2007, Decided
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Overview: In a defendants trial for aggravated battery and other crimes, the trial court did not abuse its discretion, pursuant to Ga. Unif. Super. Ct. R. 4.3(1), in denying defense counsels request to withdrawal since the trial court had already discharged one attorney and appointed another and the motion was filed on the day trial was to commence.
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| Moore v. State, A06A2062,
COURT OF APPEALS OF GEORGIA, February 9, 2007, Decided
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Overview: A trial court properly sentenced defendant as a recidivist to 20 years imprisonment, to serve 15 years, pursuant to O.C.G.A. § 17-10-7, as a result of his arson conviction, because defendant choose to proceed with a jury trial instead of pleading guilty, which would have involved only a three year sentence.
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| State v. Jones, A06A2089.,
COURT OF APPEALS OF GEORGIA, February 9, 2007, Decided
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Overview: Because the State did not act in bad faith, and defendant was prejudiced by the State's failure to comply with a court-ordered discovery deadline, the trial court erred in excluding from evidence a videotape and photographs of child pornographic images taken from defendant's computer as a sanction.
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| McKenzie v. State, A06A1988,
COURT OF APPEALS OF GEORGIA, February 12, 2007, Decided
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Overview: Evidence was sufficient to find that defendant was guilty beyond a reasonable doubt of trafficking in cocaine, O.C.G.A. § 16-13-31(a)(1). Cocaine was found in a vehicle in which he was a passenger, defendant had $ 1,780 in his pockets, and he was accompanied by his brother, who had a history of possessing cocaine with the intent to distribute.
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| Price v. State, A06A2396.,
COURT OF APPEALS OF GEORGIA, February 12, 2007, Decided
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Overview: Defendant's theft by receiving stolen property convictions were affirmed on appeal because sufficient evidence was presented as to the value of the stolen items defendant received, a claim of error as to the admission of hearsay was moot, and the jury instructions given by the court were proper and not misleading.
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| Rhone v. State, A06A1860.,
COURT OF APPEALS OF GEORGIA, February 12, 2007, Decided
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Overview: Defendant's armed robbery conviction was upheld on appeal and his suppression motion was properly denied, given that his grandfather, as the head of the household where defendant lived, had the authority over the entire house, including defendant's bedroom, to grant officers the consent to search therein.
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| Walls v. State, A06A2050,
COURT OF APPEALS OF GEORGIA, February 12, 2007, Decided
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Overview: Aggravated battery conviction was upheld on appeal, as sufficient evidence was presented as to the victim's loss to the use of her elbow when it was broken during the beating with defendant; the jury was properly instructed as to the offense, and a limiting instruction cured any error; and counsel's trial strategy was not ineffective.
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