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Flemming v. State

The defendant did not show that the outcome of his trial would have differed if defense counsel filed a pretrial motion to have a male informant's remark on a portion of the audiotape of the controlled buy redacted from the audiotape.

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The jury convicted Steve Colin Flemming of sale of cocaine, and the trial court denied his motion for new trial. Flemming appeals, contending that his trial counsel rendered ineffective assistance. For the reasons discussed below, we affirm. Following a criminal conviction, the defendant is no longer presumed innocent, and we view the evidence in the light most favorable to the jury’s verdict. Johnson v. State , 289 Ga. App. 206 656 SE2d 861 2008. So viewed, the evidence adduced at trial showed that on the night of October 2, 2003, officers with the City of Cartersville Police Department arranged for two confidential informants to make a street-level purchase of cocaine. The main informant was a male who had a history of drug addiction and had previously approached the officers about assisting them in conducting a controlled buy. His girlfriend, the other informant, had agreed to serve as the driver for the controlled buy since the male informant had a suspended license.

Prior to the controlled buy, the officers and the two informants met at a prearranged location, where the officers searched the informants and their pickup truck. No contraband or drug-related items were found on their persons or in their truck. The officers gave $20 in government funds to the male informant and equipped him with a hidden audio recording device. The officers instructed the informants to drive to the Bartow Motel and attempt to buy cocaine with the provided funds.

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