Following a jury trial, David Harold Smallwood was convicted of burglary and possession of a firearm by a convicted felon. The trial court sentenced Smallwood to 15 years, with 12 to be served in confinement. On appeal from the denial of his motion for a new trial, Smallwood contends 1 that the evidence was insufficient to support his convictions; 2 that the trial court incorrectly charged the jury on impeachment and prior consistent statements; and 3 that he received ineffective assistance of counsel. We affirm. Viewed in the light most favorable to the jury’s verdict, the evidence shows that on January 26, 2005, Billy Sharpton, a Lawrenceville police officer, discovered that a home he owns with his brother on Chandler Road in Gwinnett County had been burglarized and some guns had been taken. On January 30, Sharpton returned to check on the home. Before leaving, he closed all the interior doors and cabinets and locked all the exterior windows and doors. When Sharpton returned to the home the next morning, he noticed a black Chevrolet pickup truck sitting along the edge of the yard, and observed two men, later identified as Smallwood and his brother, Timmy, coming out of the house. Sharpton ordered the men to the ground and called Lawrenceville police on his cell phone.1 Officers from the City of Lawrenceville and Gwinnett County arrived on the scene and arrested the two men. Officers recovered two bags of hypodermic needles from David Smallwood’s pocket. Sharpton testified that his brother used hypodermic needles for his diabetes medication; that he kept some needles in the refrigerator of the home; that the needles were missing; and that the ones recovered from David’s pocket matched those that had been in the refrigerator. Sharpton also identified several items found in the truck that had been taken from the home, including a toolbox and a revolver. When he entered the home, Sharpton observed that the kitchen cabinets were open; that some pocket knives and a gun were lying on the kitchen table; that a duffle bag in the garage had been cut open with a knife and a gun removed; that two exterior doors were open; and that a window was unlocked and the screen was loose. Sharpton testified that the home had been broken into several times; that it was not and had never been a rental; and that he did not have a “for rent” sign in the yard.
Gwinnett County police officer Jonathan Golliher testified that he responded to the scene and observed a black Chevrolet Silverado pickup truck. He recovered a pistol from the cab of the truck and then went inside the house to investigate. Once inside, Golliher observed open drawers and cabinets throughout the home and several knives, a gun, and a box of ammunition lying on a chair near the back door. Golliher testified that he was aware the home had been broken into previously and that he had been told to check on the property. He explained that after Timmy and David were arrested and placed in a City of Lawrenceville patrol car, their conversation was recorded on the car’s video equipment. A police officer with the City of Lawrenceville gave Golliher the videotape and he transported it to Gwinnett County police headquarters, where he turned it over to Detective Gary Miles.
