Williams v. State

814 S.E.2d 818
CourtCourt of Appeals of Georgia
DecidedMay 14, 2018
DocketA18A0206
StatusPublished
Cited by2 cases

This text of 814 S.E.2d 818 (Williams 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
Williams v. State, 814 S.E.2d 818 (Ga. Ct. App. 2018).

Opinion

Phipps, Senior Appellate Judge. A jury convicted Michael Jerome Williams of aggravated assault based on family violence and possession of a knife during the commission of a felony. On appeal, Williams argues that the trial court erred in denying his motion for a directed verdict because the evidence was insufficient to support his convictions. He also complains of a jury instruction, contends that the trial court erred in not allowing the voir dire of a child witness before his testimony, and claims ineffective assistance of trial counsel. Upon review, we find no error, but we vacate Williams's convictions and remand the case for an evidentiary hearing on Williams's ineffective assistance claims.

On appeal, the standard of review for denial of a motion for directed verdict is the same as that for determining the sufficiency of the evidence to support a conviction. The issue is whether, based on the evidence presented, a rational finder of fact could have found the accused guilty of the charged offenses beyond a reasonable doubt. Leaving the resolution of conflicting *820or contradictory testimony and the credibility of the witnesses to the jury, we construe the evidence in favor of the jury's verdicts.

So viewed, the evidence shows that on July 14, 2016, Williams engaged in a verbal argument with Veela Hughes, the mother of his three children, at Hughes's home. As the argument escalated, Williams's and Hughes's teenage son took his two younger siblings to their grandparents' house next door. The son then returned to the house and started arguing with Williams. In the midst of the argument, the son went into his bedroom in order to put on his shoes and go back to his grandparents' house. Hughes testified that she saw Williams put on his black work gloves, go into the kitchen and grab a white-handled knife from the knife block, and then enter the son's room. Hughes grabbed her cell phone to call 911 and when she entered the son's room, she saw Williams standing over the son and stabbing him. The victim, in turn, described that while he was in his room trying to get his shoes on, Williams entered his bedroom with his gloves on and holding a knife with a white handle. As the victim was bent over attempting to put on his shoes, Williams entered the room with the knife and started "going at it" with the knife. The victim then "picked [Williams] up and ... slammed him onto the bed." As the victim and Williams wrestled on the bed, the victim sustained injuries to his head, shoulder, and forearm. Williams retreated when he heard Hughes on the phone with the 911 dispatcher. Hughes and the victim then walked over to his grandparents' house, leaving Williams alone in the house. The victim admitted to wanting to retrieve a shot gun located in his grandparents' house so that he could "[e]nd it" with Williams. Due to a loss of blood from his injuries, however, the victim collapsed on the ground, lost consciousness, and was later transported to the hospital. At trial, Hughes and Williams's ten-year-old son testified that a week before the July 14 incident, he saw Williams pull a knife on the ten-year-old's brother.

Based on the foregoing, a jury found Williams guilty of aggravated assault based on family violence and possession of a knife during the commission of a felony, and he was convicted. Trial counsel filed a timely notice of appeal from this judgment.

1. On appeal, Williams first contends the trial court erred in denying his motion for a directed verdict because the evidence was insufficient to support his convictions. The crux of Williams's argument is that based on the absence of blood evidence on the knives located at the scene, the trial court should have granted his motion for a directed verdict because there was insufficient evidence to show that he utilized a knife during the alleged assault. We disagree.

"A person commits the offense of aggravated assault when he or she assaults ... [w]ith a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury[.]" OCGA § 16-5-21 (a) (2). A person commits the offense of possession of a knife during the commission of a felony when he has on or within arm's reach of his person a knife having a blade three inches or longer *821during an armed robbery. See OCGA § 16-11-106 (b) (1).

As we have explained, "[i]t was for the jury to determine the credibility of the witnesses and to resolve any conflicts or inconsistencies in the evidence." Vega v. State , 285 Ga. 32, 33 (1), 673 S.E.2d 223 (2009) (punctuation and citation omitted). Here, the jury found the victim and his description of the events to be credible when it found Williams guilty of the charged offenses. Both the victim and Hughes testified that Williams entered the victim's bedroom with a knife and that the victim suffered lacerations to his arm and head that required his hospitalization. In this case, either the victim's or Hughes's testimony, standing alone, was sufficient to sustain Williams's convictions as alleged in the indictment. See OCGA § 24-14-8 ("The testimony of a single witness is generally sufficient to establish a fact."); Lomax v. State , 319 Ga. App. 693, 694 (1), 738 S.E.2d 152 (2013) (noting that "the testimony of the victim, standing alone, was sufficient to sustain the conviction" for aggravated assault). See also Hartley v. State , 299 Ga. App. 534, 534-535, 537 (1), 683 S.E.2d 109 (2009) (affirming aggravated assault conviction where defendant brandished butcher knife in front of victim); Harris v. State , 233 Ga. App. 696, 697 (1), 505 S.E.2d 239 (1998) (affirming aggravated assault conviction where defendant wounded victim in mouth with knife).

Contrary to Williams's contention, the evidence described above was sufficient to enable a rational jury to conclude beyond a reasonable doubt that Williams was guilty of the crimes of which he was convicted. Jackson v. Virginia

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Court of Appeals of Georgia, 2022
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837 S.E.2d 824 (Supreme Court of Georgia, 2020)

Cite This Page — Counsel Stack

Bluebook (online)
814 S.E.2d 818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-state-gactapp-2018.