Peake v. State

Phipps, Judge.

James Peake, Sr. was convicted of burglary, possession of tools for the commission of burglary, possession of a firearm during the commission of a felony, attempting to elude, and two counts of aggravated assault on a police officer. On appeal, Peake raises two issues: (1) whether the trial court improperly commented on the jury’s recharge question and erred in recharging the jury on conspiracy without also recharging on mere presence and mere association; and (2) whether the prosecution violated his right to due process by presenting testimony from a co-defendant that it knew…