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Williams v. State

The defendant was not entitled to raise an ineffective assistance of appellate counsel claim, because the record clearly showed that shortly after appellate counsel was appointed, the defendant made a knowing waiver of his right to counsel and elected to proceed pro se on his motion for new trial and on appeal.

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Appellant Sentelle Williams was convicted of felony murder, aggravated assault, and possession of a firearm during the commission of a felony, charges arising out of a shooting that resulted in the death of Donovan Austin and injuries to his brother, Dennis Austin.1 Appellant’s pro se amended motion for new trial was denied by the trial court, and he appeals, claiming trial court and prosecutorial error and ineffective assistance of counsel. For the reasons that follow, we affirm.

The evidence presented at trial established that brothers Dennis and Donovan Austin had been involved in an on-going disagreement with Marquette Mackie. Just prior to the crimes, the Austin brothers and two friends, Larry Gillard and Jonathan Scott, ran into appellant, Mackie, and Jacques Thornton at a club. Mackie and Dennis talked for a while, then the two groups engaged in a physical altercation which resulted in appellant, Mackie, and Thornton being ejected from the club. Appellant and his friends then drove to Thornton’s house where they picked up Mackie’s girlfriend, Destiny McDuffie. Tamika Daniels, who drove McDuffie to Thornton’s residence to meet the group of men, told police that appellant, Mackie and Thornton appeared angry and had guns in their hands. The three men then drove with McDuffie to the Austin brothers’ apartment complex and waited for the Austins to return. The men told McDuffie to keep her head down and not get out of the car. Approximately thirty minutes later, as the Austin brothers, Gillard, and Scott approached their apartment, appellant, Mackie, and Thornton jumped out of their vehicle and shot at them. Donovan was fatally shot in the back, and Dennis was shot in the leg but he survived. Fifty-three shell casings were recovered at the scene. Appellant was interviewed by police, and after being given Miranda warnings and agreeing to make a statement, he admitted he was at the crime scene and that he shot at the surviving victims.

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