State v. Reynolds

The trial court erred in granting the defendant's motion for new trial based on a finding that his counsel was ineffective in intentionally eliciting testimony about the defendant's prior drug convictions, as the decision to present that evidence was in furtherance of a reasonable trial strategy.

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A jury convicted Shareef Reynolds of two counts of aggravated assault, two counts of false imprisonment, armed robbery, burglary, theft by taking, possession of a firearm during the commission of a felony, possession of marijuana less than one ounce, and possession of a firearm by a convicted felon. Thereafter, Reynolds retained new counsel and filed a motion for a new trial, which the trial court granted because it found that he received ineffective assistance of counsel when his trial counsel intentionally elicited testimony about his prior drug convictions. The State appeals, arguing that the trial court erred in granting Reynolds a new trial because his counsel’s decision to present evidence of his prior convictions was in furtherance of a reasonable trial strategy. We agree, and for the reasons set forth infra, reverse.

In the case sub judice, the evidence shows that on July 20, 2007 at around 3:00 a.m., the victims, two female roommates, were asleep in an upstairs bedroom of their home when two men kicked in the balcony door to the bedroom, pointed guns at them, demanded money, and told the victims to give them everything that they had. Then, one of the perpetrators pointed a gun at a victim and asked where she kept her money. The victim grabbed the gun, but the assailant pulled it back and struck her in the face with it. At some point, a third man—later identified as Reynolds—arrived and held the victims at gunpoint while the other men ransacked the home. And when one of the victim’s began praying out loud, Reynolds told her that he was trying to make this a robbery, don’t make it into a homicide. In the end, the perpetrators stole several items from the victims, including an Xbox, a computer, clothes, a necklace, $800 in cash, and a car. Immediately after the perpetrators left, the victims called 911 to report the robbery. A few minutes later, a police officer arrived, and the victims provided him with a detailed description of their attackers.

State v. Reynolds

The trial court erred in granting the defendant's motion for new trial based on a finding that his counsel was ineffective in intentionally eliciting testimony about the defendant's prior drug convictions, as the decision to present that evidence was in furtherance of a reasonable trial strategy.

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