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Boynton v. State

Evidence of a similar attempted robbery was admissible to prove the defendant's course of conduct, since both incidents involved the defendant forcibly entering another's residence, in Columbus, while armed with a gun and concealing his hands and face, and both incidents involved at least one other conspirator and a close-by getaway car.

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A Muscogee County jury found Richard Boynton hereinafter “the defendant” guilty of seven counts of armed robbery, OCGA § 16-8-41 a; one count of aggravated assault, OCGA § 16-5-21 a 1; one count of burglary, OCGA § 16-7-1 b; and one count of possession of a firearm during the commission of a crime against another, OCGA § 16-11-106 b 1. The defendant appeals from the denial of his motion for a new trial. He contends that the trial court erred in admitting similar transaction evidence and that his trial counsel was ineffective. Finding no error, we affirm.

Viewed in the light most favorable to the jury’s verdict,1 the record shows the following facts: on September 17, 2008, Gary Trawick, Carl Ingram, Charles Kostelac, and others were playing cards at Trawick’s house in Columbus. As Ingram opened the front door to leave the game, he heard a man outside say “give me your money.” The man, later identified as the defendant, then hit him on the head with a gun. Immediately after that the defendant, his cousin Raimone Boynton, Dominic Tinch, and Nigel Towler entered the house. All wore hats, gloves, and bandannas to conceal their identities. At one point, the defendant held the gun about a foot and a half away from Ingram’s head and threatened to “make an example” of him. Tinch placed the victims’ wallets and other belongings, including Kostelac’s Razor cell phone that had a University of Georgia “G” on the cover, in a bag. The defendant was the last to leave the house. Trawick observed the men run into an open field on the other side of the house before he called the police.

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