Windhom v. State

The trial court erred in failing to declare a mistrial after an investigating officer testified that the victim—and possibly the officers as well—believed that the armed robbers and the defendant acted in concert.

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Errol Windhom appeals his conviction of armed robbery. He challenges the sufficiency of the evidence; he also contends the trial court erred by not declaring a mistrial following an officer’s testimony, by failing to give seven of his requested jury charges, and by sentencing him in violation of the Georgia and United States Constitutions. We reverse and remand for new trial. Construed in favor of the verdict, the evidence, including the testimony of co-defendant Christopher Graddick, shows that on May 18, 2009, Graddick, Michael Shane Bedford, and Alex Williams went to the A&Z Flower and Game Shop. While there, Bedford talked about robbing the store, they all stayed about 30 minutes, but they decided to leave without taking any action.

Graddick testified that the next day, Windhom, whom Graddick had known for about a year, called him and asked him to come over to his house. Graddick testified, “Windhom said he was going to go play the machines, so we went to play the machines.” So, Windhom, driving his red Volvo, took Graddick, picked up Bedford, and dropped them off at one end of the shopping center where the A&Z shop was located. Graddick testified that during the ride, Windhom had given Bedford his .38 caliber handgun. Windhom then drove to the other end of the shopping center and parked directly in front of the A&Z shop. Graddick testified that Windhom called him and Bedford at one point. Once inside, Windhom played some video games and had a conversation with Melissa Ann Amin, the florist and only shopkeeper present at the time. Amin testified that Windhom was a regular customer, that he even parked in the same place most days, and that he “came in, as usual, like he does mostly every day.” She had never seen him with the robbers before. Windhom was in the shop for 30 to 45 minutes before the robbery. At one point, he received a call on his cell phone; he told Amin that it was from his daughter.

Windhom v. State

The trial court erred in failing to declare a mistrial after an investigating officer testified that the victim—and possibly the officers as well—believed that the armed robbers and the defendant acted in concert.

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