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Muldrow v. State

Although the State did not present sufficient evidence of venue, it was established when the defendant stipulated to such at the State's request.

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Following a trial by jury, Austin Muldrow was convicted on two counts of possession of a firearm during the commission of a crime, possession of cocaine with intent to distribute, and possession of marijuana with intent to distribute.1 On appeal, Muldrow contends that 1 there is insufficient evidence on one count of possession of a firearm during the commission of a crime, 2 the State failed to prove venue, 3 he received ineffective assistance of counsel when his attorney failed to move for a directed verdict after the State failed to prove venue, 4 he received ineffective assistance of counsel when his attorney stipulated to venue without his express authorization, and 5 the trial court erred in accepting a stipulation to venue without a proper showing that Muldrow authorized same. For the reasons set forth infra, we affirm.

Viewed in the light most favorable to the jury’s guilty verdict,2 the record reflects that in the early morning hours of June 1, 2006, Antonio McDaniel was shot in the head and killed on a residential street in Augusta. Muldrow lived in a house adjacent to where McDaniel’s body was found, and he and his live-in girlfriend were questioned during law enforcement’s investigation.

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