Young v. State

Defense counsel was not deficient in failing to raise a futile objection to the prosecutor's physical demonstration while questioning the armed robbery victim regarding his identification of the defendant as the gunman who robbed him.

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A Chatham County jury found Daqwan Young guilty beyond a reasonable doubt of armed robbery, OCGA § 16-8-41 a; and possession of a firearm during the commission of a crime, OCGA § 16-11-106 b. Following the denial of his motion for a new trial, Young appeals, contending he received ineffective assistance of counsel. For the reasons explained below, we affirm.

Viewed in the light most favorable to the jury’s verdict,1 the record shows the following. On April 8, 2011, the victim visited his friend Rocregus Cummings. After the two men smoked marijuana and then went to a pizza restaurant, Cummings suggested they go to visit Quayshaun Floyd, who was at his girlfriend’s apartment. At that apartment, the three men smoked marijuana and listened to music. Young arrived and, with a shirt tied over his face and holding a shotgun, approached the victim. The victim did not know Young’s name, but he recognized him as a cousin of Floyd. The victim had seen Young a few times before, including about three weeks earlier, when Young had been bragging about his new shotgun. Even though Young had a shirt tied over his face, the victim was able to identify him because of his distinctive eyes, skin tone, and voice. Young beat the victim with his fists and the butt of the shotgun and choked him. During the attack, Young did not interfere when Cummings left the room. Young and Floyd went through the victim’s pockets and took his debit card, cell phone, and cash and then took his clothes and shoes as well.

Young v. State

Defense counsel was not deficient in failing to raise a futile objection to the prosecutor's physical demonstration while questioning the armed robbery victim regarding his identification of the defendant as the gunman who robbed him.

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