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Anderson v. State

The trial court did not abuse its discretion in admitting recorded telephone calls the defendant made to a witness from jail, because the calls were relevant and admissible to show the defendant's consciousness of his own guilt for the armed robbery and to corroborate the witness's testimony, and the defendant did not demonstrate that the probative value of the calls was substantially outweighed by the danger of unfair prejudice.

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A Cobb County jury found Charles Anderson guilty of armed robbery, and the trial court sentenced him as a recidivist to life imprisonment without parole. Anderson filed a motion for new trial, as amended, which the trial court denied. On appeal, Anderson contends that the trial court erred in allowing the State to introduce evidence of his recorded telephone conversations made from jail and in sentencing him as a recidivist. Anderson further contends that his trial counsel rendered ineffective assistance. For the reasons discussed below, we affirm.

Following a criminal conviction, the defendant is no longer presumed innocent, and we view the evidence in the light most favorable to sustain the verdict. Anthony v. State, 317 Ga. App. 807 732 SE2d 845 2012. So viewed, the evidence showed that Anderson’s stepfather, Willie Plummer, lived in an apartment located on Six Flags Drive in Cobb County. Plummer lived with his wife and his grandson, Dashon Hicks.

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