HUNSTEIN, Chief Justice.
Kelvin Williams was convicted of the malice murders of Brian Kyle Stringer and Myron Long, Jr., and other crimes. He appeals from the denial of his motion for new trial.
On Sunday, August 24, co-defendant Robinson gave money to witness John Jackson to use Jackson's home on Martin Street for a few hours. Shortly after Jackson left the home with witness Holt, they encountered the victims who asked for directions to the residence. Jackson told them where to go and alerted them that "somebody [was] up there waiting." Afterwards Jackson and Holt heard gunshots and saw a man run from the back of the house and get into a car out front. When they returned home, Jackson saw the victims' bodies but could not enter because Robinson still had the key. Jackson later identified Robinson to the police.
Expert testimony established that victim Stringer died from a gunshot wound to the back of the head and that victim Long died from a gunshot wound to his front left shoulder. No drugs or weapons were found in the residence, and the victims' hands tested negative for gunshot residue.
A few weeks later, Jones was arrested for selling drugs and provided police with information about the crimes. This information included not only appellant's pre-crime inquiry about making fake cocaine but also appellant's post-crime admission to Jones on Tuesday, August 26, that "we messed up, we did that" in regard to setting up the sale of the fake cocaine and the shooting of the victims after they realized the brick did not contain real cocaine. Jones also testified that, after his own release, appellant confronted Jones about talking to the police and that appellant asserted co-defendant Robinson was the shooter.
Appellant contends that the evidence was not sufficient under the rule that "[in] felony cases where the only witness is an accomplice, the testimony of a single witness is not sufficient." OCGA § 24-4-8. Specifically, appellant asserts that the only evidence supporting his convictions was the uncorroborated testimony of witness Jones, whom appellant asserts was an accomplice or unindicted co-conspirator. However, we do not agree with appellant that Jones may be considered an accomplice to murder and the other crimes for which appellant was tried. The evidence showed only that Jones was a drug dealer whom appellant contacted for information regarding possible ingredients to be used in the making of a fake brick of cocaine. While Jones gleaned from his conversation with appellant that appellant was contemplating making a fake brick with the
The evidence was sufficient to enable a rational trier of fact to find appellant guilty beyond a reasonable doubt of the charged crimes. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).
2. Appellant next contends that his trial counsel rendered ineffective assistance by failing to object on hearsay grounds to the admission of Jones's statements to police. In order to establish ineffective assistance of counsel, appellant has the burden to show that counsel's performance was professionally deficient and that but for such deficient performance there is a reasonable probability that the result of the trial would have been different. Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); Wesley v. State, 286 Ga. 355(3), 689 S.E.2d 280 (2010). Appellant failed to carry his burden. As appellant acknowledges, a witness's prior consistent statement may be admitted where the veracity of the witness's trial testimony has been placed in issue at trial; the witness is present at trial; and the witness is available for cross-examination. Woodard v. State, 269 Ga. 317(2), 496 S.E.2d 896 (1998). The transcript reveals that appellant on cross-examination repeatedly challenged Jones's veracity. Although appellant contends that Jones's statements were not admissible as prior consistent statements because the statements were made after Jones's arrest in Fulton County, such that there was no affirmative charge of recent fabrication, improper influence or improper motive, see id. at 320(2), 496 S.E.2d 896, the transcript establishes that appellant's attack on Jones's veracity was based on the motivation provided Jones by the potential life sentence he faces for his more recent and still-pending case in Clayton County. Accordingly, because the trial court did not err by allowing the State to introduce Jones's prior consistent statements, appellant's trial counsel did not perform deficiently by failing to make a meritless objection to the admission of this evidence. See Wesley v. State, supra, 286 Ga. at 356(3)(a), 689 S.E.2d 280 (failure to make a meritless objection cannot be evidence of ineffective assistance).
3. Having rejected appellant's arguments that Jones was a co-conspirator, see Division 1, supra, we find no error in the trial court's admission of Jones's testimony regarding statements made to him by co-defendant Robinson during the concealment phase of the conspiracy. See Allen v. State, 288 Ga. 263(4), 702 S.E.2d 869 (2010) (statements made by co-defendant during concealment phase of conspiracy are admissible against defendant under the co-conspirator exception to the hearsay rule). Appellant's claim that Jones's testimony violated his rights under the Confrontation Clause is likewise without merit. See id. (statements by co-defendants to laywitnesses during concealment phase of conspiracy are not testimonial and thus their admission does not violate Confrontation Clause).
Judgment affirmed.
All the Justices concur.