HARRIS v. the STATE.
HARRIS v. the STATE.
Opinion
Robert Harris was convicted of criminal attempt to commit armed robbery, entering *344 an auto with intent to commit theft, and three counts of armed robbery. He appeals, asserting that he received ineffective assistance of counsel at trial. He also claims that the trial court erred in excusing a prospective juror from the jury panel and in failing to inquire whether he wished to poll the jury following the verdict. For reasons that follow, we affirm.
Viewed in the light most favorable to the verdict, see
Edwards v. State
,
The detective assigned to the case interviewed the victims, but had few leads as to the robbers' identities. A few days later, however, the detective began investigating another incident in which two masked men robbed the manager of a convenience store at gunpoint, taking the manager's wallet and approximately $2,500 in cash belonging to the store. During the robbery, the gunmen ordered the manager to remove his clothing and hit him in the head with a gun. The two men fled when the store's alarm sounded.
Harris eventually became a suspect in the crimes, and police obtained a search warrant for his residence. Inside, police discovered a gun, as well as a pair of shoes linked to the crimes. Harris subsequently admitted to police that he took part in both robberies.
Based on the evidence presented, the jury found Harris guilty of criminal attempt to commit armed robbery, entering an auto with intent to commit theft, and three counts of armed robbery. He filed a motion for new trial, which the trial court denied, and this appeal followed.
1. Harris first argues that he received ineffective assistance of counsel at trial because trial counsel failed to make an adequate opening statement or closing argument, did not cross-examine the robbery victims, and offered no mitigation evidence before sentencing. To prevail on these claims, Harris must show that trial counsel performed deficiently and that the deficiency "so prejudiced his defense that a reasonable probability exists that the result of the trial would have been different but for that deficiency."
Bazin v. State
,
(a)
Opening Statement
. Harris contends that counsel's opening statement was inadequate because he presented no theory or defense concept for the jury to consider and did not ask jurors to "keep an open mind." During his opening, however, trial counsel asserted that Harris was "not the one who did it" and that he only confessed because he was dehydrated during the lengthy interrogation and "just start[ed] agreeing with [the police]." Counsel further stated: "[W]e ask you just to hold off until the case is over before you make up your mind." Trial counsel thus presented two defense theories-identity and false confession-and asked jurors not to prejudge the case. Although the opening statement was short, Harris has not overcome the "strong presumption ... that trial counsel's performance was reasonable and that counsel's decisions and choices at trial fell within the broad range of professional conduct as assessed from counsel's perspective at the time of trial and under the specific circumstances of the case."
Jones v. State
,
(b)
Closing Argument.
Harris contends that trial counsel's closing argument was insufficient because counsel did not explain the basic principles of law, such as reasonable doubt and the presumption of innocence. But "the fact that another attorney might have made a different closing argument does not show ineffectiveness."
Bazin , supra at 877 (2),
Harris has not demonstrated that counsel's closing argument was deficient or prejudiced his defense. See
(c) Cross-examination . Trial counsel did not ask the four robbery victims any questions at trial. Harris now challenges this decision, asserting that counsel should have exploited inconsistencies in the victims' testimony. At the motion for new trial hearing, however, trial counsel explained that he did not cross-examine the men robbed in the park because their direct testimony failed to support the indictment's aggravated assault charges, which alleged that Harris had discharged a weapon near each victim, and he did not want to give them an opportunity to testify further. Ultimately, the trial court directed a verdict for Harris on those counts. The record further shows that none of the robbery victims identified Harris at trial. As counsel explained at the new trial hearing: "[I]f they haven't identified him in the direct, I'm not going to do anything to prompt them to do so on cross."
"[D]ecisions about what questions to ask on cross-examination are quintessential trial strategy and will rarely constitute ineffective assistance of counsel."
Edwards , supra at 24 (2),
(d)
Sentencing
. Harris criticizes trial counsel for failing to offer mitigation evidence at sentencing. But he "does not suggest what evidence might have served to mitigate his sentence; he offered no witnesses and proffered no affidavits on this issue at the hearing on the motion for new trial."
Davis v. State
,
2. After the jury returned its verdict, the trial court asked whether the defense wanted the jury polled. Trial counsel declined the poll, and no poll occurred. Harris claims that the trial court erred in failing to determine whether he affirmatively and knowingly "waived his right to poll the jury."
We disagree. Harris has cited no precedent requiring the court to conduct such an inquiry. On appeal, he analogizes this situation to that arising in
Cammer v. Walker
,
Harris also asserts that the trial court should have found that he was harmed by trial counsel's failure to request a poll. Again, however, he has pointed to "nothing in the
*346
record to even suggest that the verdict was other than unanimous."
Malerba v. State
,
3. Finally, Harris argues that the trial court erred in striking a juror from the jury panel for cause. During general voir dire of all prospective jurors, Juror 13 indicated that he might not be able to fairly decide the case if selected for the jury. Later, he stated that he had previously been arrested, although all charges were ultimately dismissed. Explaining the incident, the juror asserted that an undercover officer had lied about the facts in court and, after the dismissal, threatened to "get [the juror] next time." The prosecutor asked whether the experience "still affect[ed] [the juror] today." He responded: "It-not really affect me today, but I'm always leery on knowing that law enforcement planted [evidence] on me." The juror then admitted that he would "have a hard time with the law enforcement witness who comes up and say[s], we found some evidence."
The State moved to strike the juror for cause on the ground that he could not be fair if law enforcement officers testified. The trial court granted the motion, noting that the juror had "already formed an opinion about a witness, regardless of ... what that witness has to say and making an independent decision." We find no error. "The trial court has broad discretion to determine a potential juror's impartiality and to strike for cause jurors who may not be fair and impartial."
DeVaughn v. State
,
Judgment affirmed.
Miller, P. J., and Self, J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.