Cheeks v. State

Boggs, Judge.

Dontavius Cheeks was convicted of rape and false imprisonment. His amended motion for new trial was denied, and he appeals. He asserts as his sole enumeration of error the ineffective assistance of trial counsel in failing to object to argument by the State regarding Cheeks’ silence and failure to come forward to police. We agree with *368the trial court that counsel was ineffective in failing to object to this testimony, but disagree with the trial court’s conclusion that counsel’s deficient performance did not affect the outcome of the trial. We therefore reverse.

To demonstrate…