Whatley v. The State

The evidence supported defendant's convictions for kidnapping, aggravated assault, two counts of robbery and two counts of false imprisonment and defendant failed to prove his several ineffective assistance of counsel claims.

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Reese, Judge.A Fulton County jury found Fernandez Whatley guilty beyond a reasonable doubt of kidnapping, aggravated assault, two counts of robbery (as lesser included offenses on armed robbery charges), and two counts of false imprisonment.^{^[1]} He appeals from the denial of his motion for new trial, contending that the trial court violated his right to a public trial, that he received ineffective assistance of counsel, and that the evidence was insufficient to support his convictions. For the reasons set forth, infra, we affirm.

Viewed in the light most favorable to the jury’s verdict,^{^[2]} the record reveals the following facts. On November 27, 2010, Hannibal Heredia was doing yard work at his Atlanta home while his wife, Angela Fox, and his nine-year-old daughter, A. H., were inside. Two men drove up, approached Heredia, assaulted him, and forced him inside his home. The assailants, who were both carrying guns, tied up Heredia, his wife, and his daughter and stole Heredia’s and Fox’s jewelry and wedding rings. In addition, the assailants stole several flat screen televisions, Heredia’s and Fox’s cell phones, and their Audi vehicle. The Audi, televisions, and cell phones were later recovered by law enforcement officers after they tracked Heredia’s phone to an address associated with the Appellant. A friend of the Appellant subsequently testified that he saw the Appellant and an unidentified man arrive at a nearby apartment complex in an Audi shortly after the crimes in this case had been committed.

Whatley v. The State

The evidence supported defendant's convictions for kidnapping, aggravated assault, two counts of robbery and two counts of false imprisonment and defendant failed to prove his several ineffective assistance of counsel claims.

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