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Crapps v. State

Evidence that the defendant, in violation of a protective order, located his ex-girlfriend at her place of employment, began threatening her by phone, then went to her workplace and slashed two tires on her vehicle supported his conviction for aggravated stalking.

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Alander Crapps was tried by a Gwinnett County jury and convicted of a single count of aggravated stalking.1 He now appeals from the denial of his motion for a new trial, asserting that the evidence was insufficient to sustain his conviction and that the trial court erred in failing to give a curative instruction after the victim’s testimony improperly placed Crapps’s character in issue. Crapps also asserts a claim for ineffective assistance of counsel. We find no error and affirm.

On appeal from a criminal conviction, the defendant is no longer entitled to a presumption of innocence and we therefore construe the evidence in the light most favorable to the jury’s guilty verdict. Martinez v. State, 306 Ga. App. 512, 514 702 SE2d 747 2010. So viewed, the record shows that Crapps began a romantic relationship with Erica Pass in July 2011 and shortly thereafter the couple began living together, along with Pass’s son, at Crapps’s DeKalb County apartment. At some point during the couple’s relationship, Crapps qualified for Social Security mental health disability benefits. Social Security would not pay the benefits directly to Crapps, however, and required that he designate another individual as his payee.2 Crapps asked Pass to serve as his payee, telling her that he knew no one else who could fill that role. Pass explained that when she received those funds each month, she gave them directly to Crapps.

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