Fuller v. State

Following a jury trial, Dontavious Fuller was convicted of two counts of armed robbery OCGA §16-8-41 a, and two counts of possession of a weapon during the commission of a crime OCGA § 16-11-106 b 1, arising from two separate incidents which were joined for trial.1 Fuller appeals from the denial of his motion for new trial, contending that 1 the evidence did not support his convictions; 2 the trial court erred in failing to sustain his objection, issue curative instructions or declare a mistrial based on the State’s allegedly improper closing arguments; 3 the trial court erred in allowing the State to illicit testimony concerning Fuller’s videotaped confession after ruling that the videotape was inadmissible; and 4 trial counsel was ineffective for failing to object to the State’s introduction of Fuller’s statements, which were part of his videotaped confession. For the reasons that follow, we affirm Fuller’s convictions.

On appeal from a criminal conviction, a defendant no longer enjoys the presumption of innocence, and the evidence is viewed in the light most favorable to the guilty verdict. . . .We neither weigh the evidence nor assess the credibility of witnesses, but merely ascertain that the evidence is sufficient to prove each element of the crime beyond a reasonable doubt. Moreover, conflicts in the testimony of the witnesses are a matter of credibility for the jury to resolve. As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, the jury’s verdict will be upheld.