Jackson v. State

A Douglas County jury found Tarik Jackson guilty beyond a reasonable doubt of armed robbery, OCGA § 16-8-41; kidnapping, OCGA § 16-5-40; possession of a firearm during the commission of a felony, OCGA § 16-11-106; giving a false name to a law enforcement officer, OCGA § 16-10-25; aggravated assault upon a peace officer, OCGA § 16-5-21 c; simple assault as a lesser included offense, OCGA § 16-5-20; four counts of interference with government property, OCGA § 16-7-24; and possession of a deadly weapon by an inmate, OCGA § 42-5-63.1 Following the denial of his motion for a new trial, Jackson appeals, contending the trial abused its discretion when it denied his motion to sever offenses and when it allowed a detective to be present at the prosecution table throughout the trial. Finding no error, we affirm. 1. Jackson contends that two separate incidents which formed the basis of the thirteen counts charged were not related or of a similar character, and, accordingly, the trial court abused it discretion when it denied his motion to sever Counts 6 through 12 from the remaining counts.

Viewed in the light most favorable to the prosecution,2 the evidence shows the following facts. Counts 1 through 5 and Count 13 the charges of armed robbery, kidnapping, possession of a firearm during the commission of a felony, giving a false name to a law enforcement officer, and possession of a firearm by a convicted felon all arose from an armed robbery of a gas station on September 19, 2001. Within minutes of the robbery, an officer stopped the vehicle in which Jackson was a passenger and arrested him. Counts 6 through 12 the charges of assault, interference with government property, and possession of a deadly weapon by an inmate arose from an incident on October 13, 2001, when Jackson was incarcerated in the Douglas County jail awaiting trial on the September 19 charges. In that incident, Jackson fashioned a knife from a plastic spoon and piece of inmate clothing, stripped insulation from a door and jammed it in the door lock, and then, during a late night inspection, pushed the door open and threatened an officer with the knife.