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| Brown v. State, A07A0322.,
COURT OF APPEALS OF GEORGIA, April 16, 2007, Decided
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Overview: Because the record evidence adequately showed that defendant voluntarily entered a non-negotiated guilty plea, with a full understanding of his rights and the sentence he could receive, and he had ample time to discuss the same with counsel, associate counsel, and his father, the trial court did not err in denying his motion to withdraw the same.
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| Brown v. State, A07A0851.,
COURT OF APPEALS OF GEORGIA, THIRD DIVISION, April 16, 2007, Decided
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Overview: Trafficking in cocaine conviction was reversed on appeal, as the State failed to present sufficient evidence linking defendant to the cocaine found in a house, he was not an occupant of the house, and his act of standing in the front of the house when officers approached him amounted to mere spatial proximity, which alone, was insufficient.
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| Gregoire v. State, A07A0034.,
COURT OF APPEALS OF GEORGIA, April 16, 2007, Decided
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Overview: Given ample testimony regarding defendant's erratic driving at a high rate of speed, and his physical characteristics and demeanor upon being stopped by police, his arrest was supported by sufficient probable cause, and his conviction for driving under the influence was supported by sufficient evidence, even without the failed sobriety tests.
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| Jones v. State, A07A0227.,
COURT OF APPEALS OF GEORGIA, April 16, 2007, Decided
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Overview: Defendant was entitled to resentencing based on the trial court's failure to merge several counts such as the need to merge a battery count with a kidnapping with a bodily injury count, since the battery evidence was used to prove the kidnapping charge and only one conviction for possession under O.C.G.A. § 16-11-106(b) was permitted.
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| Jones v. State, A07A0555. A07A0556.,
COURT OF APPEALS OF GEORGIA, April 16, 2007, Decided
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Overview: In a joint prosecution, first defendant was not entitled to an acquittal, as it was the jury's province to weigh inconsistencies in the identification testimony. Further, second defendant was not entitled to a mistrial, as the trial court properly issued a curative instruction to the jury to disregard the prosecutor's closing argument comments.
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| State v. Gray, A07A0757.,
COURT OF APPEALS OF GEORGIA, April 16, 2007, Decided
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Overview: After accessing defendant's residence from a person unauthorized to allow access and making no attempt to question anyone's authority to allow access by use of an automatic door opener, the subsequent warrantless search was unjustified and, likewise, the subsequent search by warrant was illegal and the evidence seized was properly suppressed.
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