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Benefield v. State

Trial counsel's decision to pursue an all or nothing defense, rather than requesting a charge on a lesser included offense was a matter of trial strategy.

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Danny Benefield was convicted of burglary. On appeal he contends that the trial court erred by i allowing an allegedly biased juror to remain empaneled, ii failing to instruct the jury on criminal trespass, and iii finding he did not show that his trial counsel was ineffective. We discern no error and therefore affirm.

At trial the victim testified for the State. During a lunch break following the victim’s initial testimony, juror number eleven informed the court that he had attended school with the victim. The juror had not seen the victim in several years, and did not realize that he knew the victim until after he saw the victim testify at trial. Although the juror initially stated his acquaintance with the victim might affect how he would feel if he ran into the victim after deciding the case, he also stated that he could decide the case based on the evidence and that his initial concerns would in no way affect his decision in the case. Benefield’s counsel also questioned the juror to ensure his impartiality and did not object to the juror remaining empaneled.

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