Winfield v. State

The defendant could not show how his trial counsel's failure to file a motion or object at trial to the victim's pretrial identification of him from a photographic lineup constituted deficient performance, since the defendant did not challenge the trial court's ruling that the pretrial photographic lineup was not impermissibly suggestive as a matter of law.

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In July 2003, a Bibb County jury convicted Glenn Winfield of aggravated assault, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon. Winfield filed a motion for new trial, contending he received ineffective assistance of counsel. He appeals from the denial of his motion. Finding no error, we affirm. Viewed in favor of the jury’s verdict,1 the evidence showed the following relevant facts. On January 10, 2003, the victim and his teenaged son went to a Bibb County convenience store so the victim could cash a check. After cashing a $700 check, the victim stopped in the store to count his money. He could feel someone standing right behind him, so he stopped counting and walked out of the store. As the victim left, he saw an acquaintance, Kenny Hammond, standing near the door with a third man the victim did not know. The third man, whom the victim later identified as Glenn Winfield, asked the victim for a dollar, and the victim told Winfield he did not have any money. The victim got into his car and drove away.

After driving a block, the victim pulled his car into the parking lot of a different convenience store so that his son could get change for a $100 bill. While the victim’s son was in the store, Winfield suddenly got into the victim’s car, pointed a gun at the victim, and demanded the victim’s money. The victim grabbed the gun and fought with Winfield while screaming for help. Winfield got out of the car and ran away. The victim drove around the area looking for Winfield before reporting the crime to the police. The next evening, the victim drove around the area and saw Winfield walking with a woman, and the victim called the police again. The victim subsequently identified Winfield from a photographic lineup as the man who tried to rob him. The victim also identified Winfield as the assailant at trial. The victim testified that he saw the face of the assailant several times and that he would “never forget Winfield’s face in his life.”

Winfield v. State

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