Ahmadi v. State

Citation554 S.E.2d 215,251 Ga. App. 189
Decision Date13 August 2001
Docket NumberNo. A01A1143.,A01A1143.
PartiesAHMADI v. The STATE.
CourtUnited States Court of Appeals (Georgia)

OPINION TEXT STARTS HERE

Lyle K. Porter, for appellant.

Daniel J. Porter, Dist. Atty., James M. Miskell, Asst. Dist. Atty., for appellee.

RUFFIN, Judge.

A jury found Mohammad Ahmadi guilty of one count each of aggravated assault and cruelty to children and two counts of aggravated battery.1 Ahmadi appeals, challenging the sufficiency of the evidence supporting his convictions. We affirm.

On appeal, we review the evidence presented at trial in the light most favorable to support the jury's verdict and determine whether this evidence is sufficient to authorize a rational trier of fact to find Ahmadi guilty of the crimes charged beyond a reasonable doubt.2 Viewed in this light, the evidence showed that the month after Ahmadi divorced his wife of ten years, the two reunited. The reunion was short-lived, however, as Ahmadi and his former wife soon started arguing about Ahmadi's accusations of infidelity. On the day of the attack at issue here, Ahmadi called his former wife at work and threatened to leave and take the couple's two children with him.

When the former wife returned that evening to the motel room where they were living, Ahmadi was there with the two children. According to the former wife, they had spoken briefly, and she was sitting on the corner of the bed when Ahmadi pulled a baseball bat from beneath the bed and started beating her. The victim almost immediately lost consciousness, and a responding paramedic testified that, when he found her, she had "lost a substantial amount of blood," suffered "extensive trauma to her head, with major hemorrhage," and bruising on her chest. The paramedic further stated that the victim "appeared to have a broken arm, broken wrist, [her] fingers were swollen, [and she had] some bruises on her legs, this type of thing." An emergency room physician testified that the victim suffered facial bone fractures, "eight different bones fractured on her left hand," and "she also had fractures of fingers on the right hand."

On appeal, Ahmadi advances two arguments in support of his assertion that the evidence was insufficient to support his conviction. First, Ahmadi argues that he "testified that he did not commit the acts of violence against his former wife and the issue of credibility should have been resolved in his favor." Actually, the transcript reveals that Ahmadi did not deny beating his former wife, but merely testified that he had no recollection of the attack. In any event, "the credibility of witnesses is a question for the jury," and the evidence, construed in favor of the verdict, was more than ample to support the verdict. 3

Ahmadi next argues that "[n]o testimony was offered that the right index finger was rendered useless as set out in the indictment." In Count 2 of the indictment, the State charged Ahmadi with aggravated battery, alleging that he "unlawfully and maliciously cause[d] bodily harm to [the victim] by rendering useless a member of her body, to wit: her right middle finger, by striking said finger with a baseball bat and fracturing it."4 This allegation was supported by the treating physician's testimony that the victim "had fractures of fingers on the right hand," the victim's testimony that the middle finger on her...

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6 cases
  • Biggins v. State
    • United States
    • Georgia Court of Appeals
    • 5 August 2009
    ...useless, and even the temporary reduced use of a bodily member may be sufficient to render it useless." (Punctuation omitted.) Ahmadi v. State.10 See Ganas v. In this matter, C.H. testified that Biggins struck her on her head and ear with a stereo speaker and that the injuries required stit......
  • Johnson v. State
    • United States
    • Georgia Court of Appeals
    • 19 March 2003
    ...Interest of H. S.,7 and "the temporary reduced use of a bodily member may be sufficient to render it useless." (Punctuation omitted.) Ahmadi v. State8 (broken finger in splint for ten days sufficient evidence of uselessness). Sutton's injuries satisfied two alternative methods of causing bo......
  • Goss v. State
    • United States
    • Georgia Court of Appeals
    • 8 February 2008
    ...610 S.E.2d 90 (2005) (temporary reduction of the use of a bodily member may be sufficient to render it "useless"); Ahmadi v. State, 251 Ga.App. 189, 190, 554 S.E.2d 215 (2001) (temporary loss of the victim's finger rendered it useless). The evidence was thus sufficient to prove both methods......
  • King v. State
    • United States
    • Georgia Court of Appeals
    • 30 April 2002
    ...sufficient to authorize a rational trier of fact to find King guilty of the crime charged beyond a reasonable doubt. Ahmadi v. State, 251 Ga.App. 189, 554 S.E.2d 215 (2001); see Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). Viewed in this light, the evidence showe......
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