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Owens v. State

Trial counsel rendered ineffective assistance by failing to object to improper opinion testimony regarding the identity of the perpetrator in a surveillance video of a robbery.

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Following a trial by jury, Charles Earl Owens was convicted on two counts of robbery by sudden snatching. On appeal, Owens contends that 1 the evidence was insufficient to sustain his convictions, 2 trial counsel rendered ineffective assistance for a number of reasons, and 3 the trial court erred in failing to determine whether Owens and his trial counsel had a conflict of interest. Because Owens’s trial counsel rendered ineffective assistance of counsel, we reverse his convictions.

Viewed in the light most favorable to the verdict,1 the record reflects that on February 6, 2009, at approximately 2:20 a.m., a man entered a Lilburn Waffle House that was otherwise deserted, except for the presence of two employees. Upon entering the establishment, the man checked the restroom for occupants and initially made as if to order at the counter, but then he demanded that the server open the register. When the server hesitated, the man again commanded her to “open the damn register,” and after she complied, he grabbed the money from within, walked out of the restaurant, and ran across the street. The server and grill operator described the perpetrator as an African American male who wore sunglasses, a black-and-white jacket, and loose pajama-style or chef-style pants. Neither could identify the robber from a photographic lineup, and although police dusted the premises for fingerprints, they could not pinpoint a suspect.

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