Robinson v. State

Appellant Antwane Robinson appeals his convictions for murder and armed robbery,1 claiming that the trial court committed several errors requiring reversal and that trial counsel was ineffective. Having reviewed the record, we conclude the trial court properly admitted appellant’s pre- and post-arrest statements, properly oversaw jury selection, and properly charged the jury on theories relevant to the evidence. We also conclude that the evidence was sufficient and that trial counsel was not ineffective. Therefore, we affirm. The evidence of record shows that appellant drove the victim to an adjustor’s office, where the victim received a $2,000 insurance settlement check. Appellant then drove the victim to obtain an identification card, and took him to a liquor store, where the victim cashed the check. Thereafter, appellant was seen arguing with the victim over money. Still later, a surveillance video from a DeKalb County store showed appellant, the victim and appellant’s accomplice, Bryant, together. The victim’s body was discovered four days later; he had been shot twice. When police questioned appellant, he initially denied knowing the victim. Appellant then gave a written statement in which he stated that he knew the victim, but had not seen him for several weeks. After that, appellant changed his story again, and gave a written statement claiming that he was with the victim and Bryant on the night the surveillance video was recorded, and that Bryant had shot and killed the victim. Appellant gave a videotaped statement to this same effect. Appellant was then taken home by an officer. He was arrested the following day. At that time, he gave police a written statement averring that Bryant had used a gun owned by appellant’s brother to commit the murder, and that appellant had broken down the gun and scattered its parts. A portion of the gun was recovered. Appellant then gave police a second videotaped statement.

Several days before appellant’s trial, Bryant pled guilty to voluntary manslaughter and illegal firearm possession. He did not testify at appellant’s trial. At trial, appellant admitted that he had taken the victim to obtain the check and identification card, and that he was with the victim when the check was cashed, but continued to insist that Bryant had shot and killed the victim.