Cantrell v. State

Trial counsel's deficiency in failing to object to a portion of the state's closing argument in which the prosecutor discussing attending the funeral of an officer killed in the line of duty was harmless in light of the overwhelming evidence against the defendant.

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A jury convicted Taurus DeShawn Cantrell of trafficking in cocaine and possession of cocaine with intent to distribute.1 The two counts merged and Cantrell was sentenced to 20 years, with 10 to serve in confinement. Cantrell contends on appeal that the trial court erred by denying his motion for a new trial in which he alleged ineffective assistance of counsel. For the reasons that follow, we affirm. We view the evidence on appeal in the light most favorable to the verdict, and no longer presume the defendant is innocent. We do not weigh the evidence or decide the witnesses’ credibility, but only determine if the evidence is sufficient to sustain the convictions. Campbell v. State , 278 Ga. 839, 840-841 1 607 SE2d 565 2005. We construe the evidence and all reasonable inferences from the evidence most strongly in favor of the jury’s verdict. Id.

Viewed in that light, the evidence at trial established that agents of the Hall County Multi Agency Narcotics Squad “MANS” initiated an undercover drug buy with a confidential informant “CI” who told them he had met a man who had agreed to sell him five ounces of crack cocaine that afternoon at a local grocery store. The CI met Cantrell at the store, then drove to a nearby AutoZone store, where Cantrell soon joined him in his vehicle and remained for some time. After the CI issued a prearranged signal to MANS indicating he had seen the cocaine, the first undercover officer arrived on the scene in an unmarked black pickup truck. The officer was wearing a bullet-proof vest over the outside of his shirt with the word “POLICE” on the front and back, a badge around his neck, as well as handcuffs and a weapon. When the officer emerged from his car and shouted, “Stop, stop police,” Cantrell “took off running.”

Cantrell v. State

Trial counsel's deficiency in failing to object to a portion of the state's closing argument in which the prosecutor discussing attending the funeral of an officer killed in the line of duty was harmless in light of the overwhelming evidence against the defendant.

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