Felton v. State

A Gwinnett County jury found Gregory Allen Felton guilty of burglary, attempted rape, false imprisonment, and battery. On appeal, Felton claims the trial court erred in i granting the state’s motion to excuse jurors Patel and Czarick for cause, ii sentencing him on all counts because his sentences merged by operation of law, and iii failing to exclude his out-of-court statement to police. Felton also claims he received ineffective assistance of counsel. We affirm for the reasons set forth below. Viewed to support the jury’s verdict, the evidence shows that around 11:30 p.m. on November 10, 2000, the victim was awakened in her bed by a naked man who was on top of her with his hand over her mouth. The room was dark and the victim did not initially recognize her assailant. They struggled, and the man tried to spread her legs apart, saying “I want your p —-y.” The victim bit the man, he struck her in the eye with his fist, and they rolled off the bed onto the floor. The man, Felton, called the victim by her first name, and she recognized his voice. Felton had formerly lived next door to the victim.

The victim tried to convince Felton to leave. He dragged her to her closet and tied her up with her clothes. Felton lay on top of her and rubbed his body against her but then left the house. The victim freed herself and called the police. The victim told the investigating officers that she believed Felton was her attacker. After the police arrived, officers retrieved the victim’s nightgown and other items that may have been touched by her attacker. DNA testing showed the blood on the nightgown belonged to Felton.