Wesley v. State

The defendant failed to show prejudice from his trial counsel's failure to present a written request for a jury charges on the lesser offenses of false imprisonment and theft, since the trial court considered and substantively ruled on trial counsel's oral request for those charges.

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A Fayette County jury convicted Arnold Bernard Wesley of armed robbery, kidnapping with bodily injury, and theft by taking a motor vehicle. Wesley appeals, contending that the trial court erred in denying his motion for a directed verdict of acquittal as to the armed robbery charge. He also argues that his trial counsel was ineffective for failing to file written requests to charge the jury on lesser included offenses. We discern no error and affirm. Viewed in the light most favorable to the verdict,1 the trial evidence shows that the victim operated a landscaping business and Wesley was his employee. On the date of the incident, Wesley and the victim had been working together on a landscaping job. After they finished, they went to the victim’s residence planning to take a lunch break and then to cut the victim’s grass. While they were taking their break, the victim offered to get Wesley a beverage. As the victim walked away to get the beverage, Wesley delivered two blows to the victim’s head. After the victim fell to the floor, Wesley tied the victim’s hands behind his back, rummaged through the victim’s shirt and pants pockets, and took the victim’s wallet.

Wesley then dragged the victim down a flight of stairs and into the basement. While they were in the basement, the victim noticed the gun in Wesley’s hand. Wesley held the gun up, threatened to kill the victim, and demanded the victim’s checking account number, pin number, and burglar alarm code. The victim recognized the gun as being one of his own that was loaded with hollow point bullets. The victim was afraid that he would be shot, so he complied with Wesley’s demands and did not resist.

Wesley v. State

The defendant failed to show prejudice from his trial counsel's failure to present a written request for a jury charges on the lesser offenses of false imprisonment and theft, since the trial court considered and substantively ruled on trial counsel's oral request for those charges.

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