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Sillah v. State

The trial court did not abuse its discretion in allowing the state to call the co-indictee to the stand in the jury's presence, even though the co-indictee, who previously pled guilty, announced to both parties' counsel that he would not testify, since the co-indictee simply refused to be sworn and the state did not question him.

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Following a jury trial, Marcus Sillah appeals his conviction for armed robbery,1 aggravated assault,2 and obstructing an officer misdemeanor.3 He argues that the trial court erred in i allowing a co-indictee who had already pled guilty to take the stand in the presence of the jury, even though the co-indictee had announced that he would not testify, ii admitting the co-indictee’s guilty plea without giving limiting instructions, and iii finding Sillah did not carry his burden of showing ineffective assistance of counsel. Discerning no error, we affirm. Construed in favor of the verdict, Short v. State ,4 the evidence shows that Sillah and another male approached a car containing a couple that had just parked in a residential apartment parking lot. The other male arrived first and, pulling out a handgun, opened the front passenger door and pointed the gun at the female passenger. While the couple was focused on the gunman, Sillah arrived at the driver door and opened it, demanding money from the couple. When Sillah continued to repeat his demand for money, the male driver removed his wallet and produced $11, whereupon the driver exclaimed that he saw a police car coming around the corner of the parking lot. Sillah saw the police car and ran, whereas the gunman reached in and grabbed the $11 before escaping.

The couple exited their vehicle and flagged down the officer, who immediately called for back-up and began a search for Sillah and the gunman. When found, Sillah ran despite commands from police to stop; police eventually overtook and arrested him. The gunman was also apprehended nearby, and the male victim identified both men at the scene.

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