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Ware v. State

A defendant has no vested interest in having any particular juror serve, so long as the selected jury is legal and impartial.

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Following a jury trial, Gregory Ware was convicted of burglary OCGA § 16-7-1 a 2006. Ware filed a motion for new trial, which the trial court denied. On appeal, Ware contends that the trial court erred in striking a potential juror for cause and in failing to remove another juror for cause. Ware also contends that his trial counsel provided ineffective assistance. We discern no error and affirm.

Viewed in the light most favorable to the verdict, the trial evidence shows that on the afternoon of October 16, 2006, the victim’s neighbor saw a black male who was wearing a blue and black coat removing the screen to the victim’s apartment window. The black male then entered the victim’s apartment. A short time later, another neighbor saw the same black male and two other individuals exiting the victim’s apartment with a duffle bag and other items. The second neighbor informed the apartment manager of the break-in and asked the manager to notify the victim. When the victim returned home, he noticed several items missing from his apartment and called the police.

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