Collier v. State

Trial counsel's failure to request a charge on the definition of offensive weapon in the armed robbery charge was not ineffective assistance, because the trial court was not required to instruct on the meaning of all words used in the charge, particularly words of common understanding.

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A Forsyth County jury found Marcus William Collier guilty of armed robbery,1 aggravated assault,2 entering an automobile,3 and two counts of fleeing and attempting to elude a law enforcement officer.4 He filed a motion for new trial thereafter, which the trial court denied. Collier appeals, arguing that the trial court erred by denying his motion for new trial based on his claim that he was denied effective assistance of counsel. We affirm, for reasons that follow. Viewed in favor of the verdict,5 the evidence shows that Dean Farber worked as the manager of a paint store in August 2005; his job duties included making regular cash deposits at a local bank. On August 3, 2005, Farber went to the bank to cash a personal check; he did not have a cash deposit for the paint store at the time. He parked, and immediately after he got out of his car, a black Dodge Magnum with dark windows pulled up behind Farber’s vehicle, blocking him in. A man jumped out of the Dodge, with his hand under his shirt, “presenting it like it was a weapon,” and repeatedly demanded that Farber give him “his bag.” When Farber told him that he didn’t have a bag, the man began searching Farber’s car, while Farber yelled for help. The man then jumped into the Dodge and drove away.

Allison Laney Morris was using the drive-through automated teller machine “ATM” at the bank at the time of the incident. When Morris heard Faber repeatedly scream, she left the ATM, drove around to the front of the bank, stopped, and sounded her horn. Morris did not see the assailant, but she did observe the Dodge leave the bank parking lot “erratically, like someone was in a hurry.” She tried to get the license plate number, but it appeared “blank.” Morris then called 911.

Collier v. State

Trial counsel's failure to request a charge on the definition of offensive weapon in the armed robbery charge was not ineffective assistance, because the trial court was not required to instruct on the meaning of all words used in the charge, particularly words of common understanding.

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