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Timothy Curtisv.The State

CourtCourt of Appeals of Georgia
Docket No.A14A2202
DecidedMarch 2, 2015
Reporter330 Ga. App. 839; 769 S.E.2d 580
JudgesCourt of Appeals of Georgia, Fourth Division; Presiding Judge Doyle and Judges Miller and Dillard; Judge Miller authored the opinion
Tags
CriminalCriminal ProcedureEvidenceIneffective Assistance of CounselSentencingMergerVacaturRemand
Case Summary

A jury convicted Timothy Curtis of armed robbery, two aggravated assaults, and cruelty to animals after evidence showed that men he brought to a residence beat and robbed Quinton Wells with a handgun, shot Wells in the leg, and shot a dog. Curtis moved for a new trial, arguing that trial counsel was ineffective for failing to preserve portions of the trial record, authenticate phone records, impeach witnesses with prior convictions, request an impeachment instruction, and fully expose a codefendant’s plea arrangement. The Court of Appeals of Georgia affirmed the ineffective-assistance ruling. Curtis did not show deficient performance or prejudice: some proposed evidence lacked a proper proffer, other impeachment decisions were reasonable trial strategy, and the jury already knew the codefendant had pleaded guilty and expected favorable treatment. The court nevertheless held that the aggravated assault with intent to rob merged into the armed robbery. Both offenses shared the intent to rob, and the assault with a handgun occurred during the same conduct as the taking of Wells’s property. The court vacated that conviction and sentence and remanded for resentencing, affirming the judgment in all other respects.

Opinion

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