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Windhom v. State

No court ever found the co-defendant incompetent and he was found to be competent only months before the instant trial, thus the trial court properly allowed him to testify.

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In Windhom v. State, 315 Ga. App. 855 729 SE2d 25 2012, we reversed Errol Windhom’s1 armed robbery conviction because of the improper admission of evidence. Windhom was retried and convicted of armed robbery a second time. He appeals this second conviction and sentence, arguing that the court erred by allowing a mentally incompetent co-defendant to testify. But he has not shown that the trial court abused its discretion in allowing the co-defendant to testify, given that the co-defendant was subsequently determined to be competent to enter a guilty plea. Windhom argues that the trial court erred in allowing a video recording to go out with the jury in violation of the continuing witness rule, but the video recording was original evidence not subject to the continuing witness rule. Windhom argues that the trial court erred in failing to give two requests to charge. We find that the trial court’s instructions covered the principles Windhom requested to be charged. We reject Windhom’s argument that the evidence does not support the conviction and that his sentence—within the statutory range—violates the United States and Georgia Constitutions. Accordingly, we affirm Windhom’s conviction and sentence.

1. The evidence was sufficient to support the conviction.

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