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Huff v. State

The defendant was entitled to a new trial after the trial court violated O.C.G.A. § 17-8-57 by impermissibly commenting on the similarity and probative value of similar transaction evidence admitted at trial.

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Terrence Ramon Huff was convicted by jury of armed robbery and possession of a knife during the commission of a felony and sentenced to 20 years, 15 to serve. He filed a motion for new trial, as twice amended, which the trial court denied following a hearing. He appeals, contending that the trial court violated OCGA § 17-8-57 by impermissibly commenting on the similarity and probative value of other crimes evidence admitted at trial and that his trial counsel was ineffective. As more fully set forth below, we agree the trial court violated OCGA § 17-8-57 and that, accordingly, Huff is entitled to a new trial.

Construed to support the jury’s verdict,1 the evidence shows that around 9:35 p.m. on February 2, 2009, three men with their faces partially concealed entered the Tri-County Gas and Grocery convenience store in Ray City, Georgia. The taller of the three men had a knife, and the other two men were armed with guns. The men demanded money2 and then went behind the counter where the cash registers were located. Cameras inside the store recorded the robbers’ activities, and video clips were played at trial showing the men opening the cash drawers and removing cash,3 taking several cartons of cigarettes out of a box on the floor, and removing items from underneath the counter. The men then fled, running out the front door and around the side and toward the back of the building.

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