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Wallace v. State

The trial court's mere clarification of the co-defendant's testimony did not constitute the type of direct comment on the substance or weight of the evidence that would violate O.C.G.A. § 17-8-57.

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Following a jury trial, Nathaniel Wallace was convicted of a single count of felony theft by shoplifting OCGA § 16-8-14. Wallace appeals from the denial of his motion for a new trial, contending that the trial court erred in improperly commenting on the evidence at trial in violation of OCGA § 17-8-57; failing to charge the jury that Wallace acted independently from his co-defendant; and admitting a store receipt as evidence of felony-level value. Wallace also contends that his trial counsel was ineffective. For the reasons that follow, we affirm.

Viewed in the light most favorable to the jury’s verdict,1 the evidence shows that on November 30, 2012, Wallace and his co-defendant, Shujuan Echols, went to the Thornton Road Wal-Mart in Douglas County. Echols needed some things and told Wallace that she was going to steal them. When they arrived at Wal-Mart, Wallace and Echols each grabbed a buggy and began to shop for items. Eventually, however, Echols placed her items in Wallace’s buggy. Wallace and Echols then proceeded to the men’s department, where they were observed by a Wal-Mart security officer. The officer became suspicious of Wallace and Echols because their buggy had various items that were haphazardly thrown on top of each other.

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