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King v. State

Since defendant failed to show that his chosen counsel would be available to try his case at the next court term, he could not claim that his actual trial counsel was ineffective regarding the denial of his request for a continuance.

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This is the second appearance of this case before us.1 Previously, we decided the substantive issues raised by Stanley King on appeal, but remanded for a hearing on King’s motion for new trial based upon a claim of ineffective assistance of counsel against Pete Whitlock, who at the time of King’s trial was a member of defense attorney Bruce Harvey’s firm. Subsequently, the trial court denied King’s motion in an order which found that Whitlock provided effective legal assistance at trial and that “the defendant’s claim of ineffective assistance of counsel is meritless.” King appeals from this order. After reviewing the record, we do not find error in the trial court’s conclusions, and thus, we affirm.

1. King contends that Whitlock was ineffective for failing to object to the admission of King’s prior conviction for sale of methamphetamine. However, as noted by the trial court, the State’s introduction of the similar transaction evidence was vigorously contested prior to trial by Bruce Harvey. Whitlock’s subsequent failure to object to the evidence at trial was irrelevant, since evidence of King’s prior sale of drugs was properly admitted for the purposes offered by the State, i.e., to show intent and course of conduct in engaging in the business of distributing controlled substances. Chappell v. State, 215 Ga. App. 596, 597 1 451 SE2d 491 1994.2

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