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Lowe v. State

Defense counsel was not ineffective for failing to request a mere presence charge since the overwhelming evidence showed that defendant actively participated in the burglary.

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Defendant Anthony Bernard Lowe was tried before a jury and found guilty of burglary and obstruction of a law enforcement officer. On appeal, Lowe’s sole enumeration of error complains of the denial of his motion for new trial on the special ground of ineffective assistance of counsel. Specifically, Lowe argues trial counsel was ineffective for not submitting written requests to charge on “mere presence” at the scene of a crime, and on impeachment of a witness. He also urges that counsel was ineffective by failing to adequately advise defendant of the consequences of being sentenced as a recidivist, and so defendant declined a plea bargain ill-advisedly. Held:

1. Generally,

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