Massey v. State

Even if the trial court erred in admitting the defendant's prior conviction, the error was harmless in light of the overwhelming evidence of the defendant's guilt.

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Following a jury trial, Dwight David Massey was convicted of burglary and obstruction of an officer. He argues on appeal that the trial court erred by admitting evidence of his prior convictions and by failing to give the jury a limiting instruction upon the admission of the prior convictions. He further argues that his trial counsel was ineffective. We find no error and affirm. On appeal from a criminal conviction, we view the evidence in the light most favorable to the jury’s verdict to determine only whether a rational trier of fact could have found the defendant guilty of the crimes charged beyond a reasonable doubt. See Clark v. State , 289 Ga. App. 612, 613 658 SE2d 190 2008. So construed, the evidence presented at trial showed that at approximately 11:00 p.m. on April 11, 2007, the victim, who was in her bedroom with her sleeping husband and six-month-old son, heard noises outside her bedroom door. When she opened the bedroom door, Massey was standing in her apartment immediately in front of her. She screamed, and Massey grabbed her laptop computer from a nearby desk and ran out of the front door. He left behind a bag containing several bottles of beer. The victim speculated that the front door to her apartment had inadvertently been left unlocked.

The victim called 911 to report the crime. She gave the operator a physical description of both the perpetrator and his clothing, which was then relayed to law enforcement officers in a “be-on-the-lookout” advisory. Shortly thereafter, an undercover officer working near the victim’s neighborhood spotted Massey, whose physical appearance and clothing matched the description relayed in the advisory. Massey was carrying a laptop computer tucked under his arm. The undercover officer notified two marked patrol officers, who then located and pulled up next to Massey in an effort to speak to him. Prior to any words being exchanged, Massey fled into the wood line and ran onto the adjoining railroad tracks. The undercover officer observed the events, but did not reveal his identity.

Massey v. State

Even if the trial court erred in admitting the defendant's prior conviction, the error was harmless in light of the overwhelming evidence of the defendant's guilt.

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