Talib Din Suluki appeals from his convictions for possession of a firearm by a convicted felon and carrying a concealed weapon. He contends that the trial court erred by denying his ineffective assistance of counsel claims and by admitting the handgun into evidence over the objection of defense counsel. He also asserts that insufficient evidence supports his conviction. For the reasons set forth below, we reverse. 1. Suluki contends that he received ineffective assistance of counsel because his lawyer failed to move to suppress the gun that formed the basis of the State’s charges against him. The two-prong test for determining the validity of a claim of ineffectiveness of counsel provided in Strickland v. Washington , 466 U. S. 668 104 SC 2052, 80 LE2d 674 1984 asks whether counsel’s performance was deficient and, if so, whether this deficiency prejudiced the defense; that is, whether there is a reasonable probability that the outcome of the proceedings would have been different but for counsel’s deficiency. Citation, punctuation and footnote omitted. Bruce v. State , 252 Ga. App. 494, 498 2 555 SE2d 819 2001. “When trial counsel’s failure to file a motion to suppress is the basis for a claim of ineffective assistance, the defendant must make a strong showing that the damaging evidence would have been suppressed had counsel made the motion. Cit.” Richardson v. State , 276 Ga. 548, 553 3 580 SE2d 224 2003.
Because counsel did not file a motion to suppress, we must review the trial testimony to determine if Suluki can make a strong showing that the evidence would have been suppressed if the motion had been filed. Id. In this case, the record shows without dispute that police officers assigned to a fugitive task force unit went to a hotel to arrest Denarryl Head and Miche Hunt based upon warrants for their arrest in connection with a murder. The officers had a picture and description of Head when they went to the hotel. When they arrived at the hotel, they confirmed that Miche Hunt had registered for two rooms. When officers saw Hunt come into the hotel lobby, they arrested her. When the officers explained that they were also looking for her boyfriend, Head, Hunt told them that he had left the hotel an hour earlier to get something to eat. She explained that Head and another man, later identified as Suluki, “would be returning back shortly.” Finally, she told the police that a third man was still in her room.
