Mallery v. The State

Ellington, Presiding Judge.A Dekalb County jury found Clinton Mallery guilty of armed robbery, OCGA § 16-8-41 (a); and aggravated assault, OCGA § 16-5-21 (a) (2). Mallery appeals from the order denying his motion for a new trial, contending that his trial counsel was ineffective. Finding no reversible error, we affirm.

Viewed in the light most favorable to the jury’s verdict,^[1] the record shows the following. The victim, known by her neighbors as “the candy lady,” sold candy, sodas, tobacco, and other sundry items from her DeKalb County apartment. The victim knew Mallery by his street name, “Fly,” was familiar with him from the neighborhood, and had sold him candy and tobacco on several occasions. She had also driven him and his girlfriend to the store once. The victim’s husband also knew Mallery and had tried to help him find a job. The victim’s husband testified that Mallery was aware that he owned a handgun.Around 6:30 p.m. on July 18, 2012, while the victim’s husband was at work, Mallery knocked at the victim’s apartment door. When the victim opened the door, Mallery asked her for a cigarette. As the victim turned away to get the cigarette, Mallery and an accomplice forced their way inside the apartment. Mallery pointed a handgun at the victim’s head and ordered her to lie down on the floor. The accomplice asked the victim if she had a gun and, when the victim said no, the accomplice said: “She’s lying. Murk that bitch.”