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Love v. State

Any error in allowing the state to question the defendant about his prior burglary conviction, after he raised the issue on direct, was harmless.

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A jury found Ruben Love guilty of entering an automobile. Love appeals, arguing that the trial court erred in allowing the State to impeach his trial testimony with a 1989 burglary conviction. He also claims that he received ineffective assistance of counsel at trial. For reasons that follow, we affirm Love’s conviction, but remand for a hearing on his ineffective assistance claim. Viewed favorably to the jury’s verdict, see Rabie v. State , 286 Ga. App. 684 649 SE2d 868 2007, the evidence shows that between 8:30 and 9:00 a.m. on November 6, 2006, Michael Kinsey drove down an entrance ramp to Interstate 75 “I-75″ on his way to work. As he approached the interstate, Kinsey noticed a man wearing a long, dark coat standing near a green Oldsmobile parked at the bottom of the on-ramp. The man looked around, then began to strike the car’s passenger-side window using a long, dark object with a wooden handle. Kinsey, who was traveling 55 to 60 miles per hour when he passed the man, did not identify the individual at trial.

Kinsey immediately used his cell phone to report the incident to police, and Officer Felicia Henley arrived at the scene a few minutes later. When she approached, she saw Love, wearing a dark coat and carrying a black umbrella with a wooden handle, near the green Oldsmobile. The vehicle’s passenger window was broken, and Love held paperwork bearing the name “Christopher Johnson” in his hand. Henley searched Love and also discovered a change purse, a cell phone, a pair of sunglasses, and two “Dave and Buster’s” game cards. Love stated that he had found these items on the ground, next to the car.

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