Ward v. State

The trial court did not abuse its discretion in allowing admission of redacted lyrics of a rap song defendant had written, because the lyrics were relevant to the issue of witness intimidation.

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After a jury trial, Lavalis Ward was convicted of criminal attempt to commit armed robbery, two counts of burglary, possession of a firearm during the commission of a crime, possession of a tool for commission of a crime, possession of a controlled substance, and possession of a firearm by a convicted felon. Ward appeals, claiming that his trial counsel was ineffective; however, Ward has failed to show that his counsel’s performance was both deficient and prejudicial. Ward also challenges the trial court’s admission of certain evidence, but he has not shown that the court abused its discretion in its evidentiary rulings. Finally, Ward contends that the attempted armed robbery and burglary offenses should have been merged for purposes of sentencing. We agree that the two burglary counts, which were based on a single illegal entry into a building, should have been merged; but the attempted armed robbery and burglary offenses were not based on the same conduct and thus properly were not merged for sentencing. Accordingly, we affirm in part, vacate in part, and remand for resentencing on the burglary counts.

On appeal from a criminal conviction, we view the evidence in the light most favorable to support the jury’s verdict, and the defendant no longer enjoys a presumption of innocence. Hall v. State, 335 Ga. App. 895 783 SE2d 400 2016 citation omitted. So viewed, the evidence shows that on June 19, 2011, at approximately 2:30 in the morning, Ward and an accomplice went to the victim’s apartment to steal money that they had learned was supposedly hidden under a mattress. Ward forced his way into the apartment with a handgun while his accomplice waited outside. As Ward ransacked the apartment looking for the money, he threatened and hit the victim with the gun. After failing to find the money, Ward and his accomplice fled. The state also introduced evidence of Ward’s prior convictions arising from a similar home invasion.

Ward v. State

The trial court did not abuse its discretion in allowing admission of redacted lyrics of a rap song defendant had written, because the lyrics were relevant to the issue of witness intimidation.

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