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Roberts v. State

The defendant failed to prove that his trial counsel was ineffective for agreeing to the admission into evidence of the victim's written statement, since trial counsel had impeached the witness with her written statement which contained discrepancies from her trial testimony, and thus the admission was not a violation of the continuing witness rule.

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An Effingham County jury found Christopher Bernard Roberts guilty of two counts of aggravated assault,1 armed robbery,2 burglary,3 theft by taking an automobile,4 theft by receiving stolen property a shotgun,5 and possession of a firearm during the commission of a crime.6 Following the denial of his motion for new trial, Roberts appeals, arguing that 1 the trial court erred by denying his motion for a continuance and motion for a directed verdict of acquittal; 2 the evidence was insufficient to sustain his convictions; and 3 he was denied the effective assistance of trial counsel. For the reasons that follow, we affirm.

Construed in favor of the verdict,7 the evidence shows that on December 9, 2008, at approximately 11:00 p.m., Casaundra Brown was at home with her two children, when she heard an automobile honking its horn in her front yard. She came to the front door and saw a young man with “twists in his hair” sitting in a blue truck, and the man pointed toward her father’s pick-up truck that was parked in her driveway, asking her about ownership of that truck. Shortly thereafter, she saw three other men, one with dark skin, wearing bandanas over their lower faces and skull caps on their heads, coming toward her from the side of the property, and she quickly closed and locked the door. The men kicked in the door and threatened her with a shotgun. One of the three intruders beat her in the face and threatened her with a weapon, demanding to know the whereabouts of her purse, to which she responded that she kept her valuables in her Lowe’s racing jacket. The individuals also took her father’s red and black pick-up truck. After the men left, Brown grabbed her children and ran to a neighbor’s home to call the police.

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