Parnell v. State

634 S.E.2d 763, 280 Ga. App. 665, 2006 Fulton County D. Rep. 1743, 2006 Ga. App. LEXIS 648
CourtCourt of Appeals of Georgia
DecidedMay 30, 2006
DocketA06A0153
StatusPublished
Cited by8 cases

This text of 634 S.E.2d 763 (Parnell v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Parnell v. State, 634 S.E.2d 763, 280 Ga. App. 665, 2006 Fulton County D. Rep. 1743, 2006 Ga. App. LEXIS 648 (Ga. Ct. App. 2006).

Opinion

Phipps, Judge.

A jury found David Parnell III guilty of aggravated assault and aggravated battery against Allyson Schneider and possession of more than one ounce of marijuana. The count of aggravated assault was merged with the count of aggravated battery, and Parnell was convicted of aggravated battery and felony possession. On appeal, Parnell contends that the evidence did not authorize the verdicts and that the trial court erred in overruling his claim of ineffectiveness of trial counsel. Because Parnell has demonstrated no basis for reversal, we affirm.

1. Parnell contends that there was insufficient evidence for the jury to find him guilty of any of the charges.

[666]*666On appeal, evidence is viewed in the light most favorable to the verdict, and the appellant no longer enjoys a presumption of innocence.1 We neither weigh the evidence, nor judge witness credibility, but determine only whether the evidence was sufficient for a rational trier of fact to have found the defendant guilty beyond a reasonable doubt.2

The state presented as a witness Alice Echols. She testified that one night in November 2002, she and a mutual friend of Parnell were sitting in her car parked behind the apartment building where Parnell lived on Adams Circle. Echols recalled seeing Parnell outside holding a knife. She testified that moments later, Parnell came to her car angry and complained that “some bitches had come ... to his door and started something with him.” Echols recalled that Parnell told their friend, seated in the car, “what [had] happened, and that [Parnell] was a gangster and all that.” Parnell got into her car and asked to be driven away. She complied, passing an approaching ambulance.

Emergency help had been summoned to an apartment a few doors from Parnell’s apartment because residents there learned that Schneider had been stabbed in the chest. Schneider described his attacker to police officers, and the description was broadcast over police radio.

Meanwhile, police stopped Echols’s car in Parnell’s neighborhood. The car matched a broadcast description of a car an officer responding to the crime scene had observed leaving the apartment building of the reported stabbing and then proceeding, without the use of headlights, the wrong way down a one-way street. Police officers thereafter determined that Parnell matched the broadcast description of the man who had committed the stabbing. An officer conducting a pat-down of Parnell’s person pulled from Parnell’s pocket more than an ounce of marijuana.

Parnell was arrested and held at a detention center. When an officer explained to Parnell that his blood would be searched pursuant to a warrant because of a blood stain on his shirt, Parnell blurted, “Well, it was self-defense, man.”

At trial, Schneider identified Parnell as the person who stabbed him. Parnell’s trial counsel asked Schneider whether the stabbing was in self-defense. Schneider answered no, relating that Parnell had approached him from behind, called his name, and then stabbed him when he turned around. Schneider further testified that he had not known Parnell’s name, had never before had an altercation with [667]*667Parnell, had never been to Parnell’s residence, and had held nothing in his hands at the time of the incident.

(a) Challenging the verdict on the felony possession count, Parnell argues that there was no evidence that the marijuana found in his pocket weighed more than an ounce.

However, the state submitted into evidence two lab reports concerning the marijuana at issue. One report stated that the marijuana weighed 1.711 ounces; the other report stated that the marijuana weighed 27.3 grams. In light of the former, we reject Parnell’s claim that there was no evidence that the marijuana found weighed more than an ounce.3 Thus, we uphold Parnell’s conviction for felony possession of marijuana.4

(b) Challenging the verdict on the aggravated assault count, Parnell argues that the element of intent was not shown. He cites evidence that he claims shows that the stabbing was in self-defense. But Schneider’s account authorized the jury to reject that theory. A rational trier of fact could have found that the stabbing was not justified and found proof of Parnell’s guilt of aggravated assault beyond a reasonable doubt.5

(c) Challenging the verdict on the aggravated battery count, Parnell argues that the stabbing left no part of Schneider’s body seriously disfigured. A person commits aggravated battery “when he or she maliciously causes bodily harm to another by . . . seriously disfiguring his or her body or a member thereof.”6 “Because the circumstances of each aggravated battery vary, whether disfigurement is serious is best resolved by the factfinder on a case-by-base basis.”7 And there is no requirement that the disfigurement be permanent.8

Schneider testified that, because of the stabbing, he was hospitalized for three days. His treating physician testified that the stabbing had violated Schneider’s skin and fatty tissue and exposed his sternum, but had not gone through significant intrathoracic organs. However, the presence of air directly underlying the breast [668]*668bone, where no air should have been, indicated to the doctor that the tip of the knife had penetrated the sternum or had slipped to the side of the sternum and then punctured the tissues immediately underneath the sternum. Pictures of Schneider’s wound taken on the night of the incident were shown to the jury. Schneider displayed to the jury the scar left by the wound. He further testified that for a month after the incident, he suffered intermittent shortness of breath and heavy chest pain; and that for about eight months, he was unable to work his job as a machine operator cutting metal. We conclude that there was sufficient evidence authorizing the jury to find the element of serious disfigurement.9

2. Parnell contends that the trial court erred in rejecting his claim of ineffective assistance of counsel. To prevail on this contention, Parnell must establish, pursuant to Strickland v. Washington,10 that his trial counsel’s performance was deficient and that a reasonable probability exists that, but for the deficient performance, the trial would have had a different outcome.

Both the performance and prejudice components of the ineffectiveness inquiry are mixed questions of law and fact. In reviewing a trial court’s determination regarding a claim of ineffective assistance of counsel, this court upholds the trial court’s factual findings unless they are clearly erroneous; we review a trial court’s legal conclusions de novo.11

We need not address both components of the Strickland test if the showing on one is insufficient; nor must we address the components in any particular order.12

(a) Parnell argues that his trial counsel was ineffective for stipulating that the marijuana weighed more than an ounce. Because the record shows that there was no such stipulation,13 this argument is without merit.

[669]

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Bluebook (online)
634 S.E.2d 763, 280 Ga. App. 665, 2006 Fulton County D. Rep. 1743, 2006 Ga. App. LEXIS 648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parnell-v-state-gactapp-2006.