Bogan v. State
| Decision Date | 16 May 2002 |
| Docket Number | No. A02A0499.,A02A0499. |
| Citation | 255 Ga. App. 413,565 S.E.2d 588 |
| Court | Georgia Court of Appeals |
| Parties | BOGAN v. The STATE. |
565 S.E.2d 588
255 Ga. App. 413
v.
The STATE
No. A02A0499.
Court of Appeals of Georgia.
May 16, 2002.
William T. McBroom III, Dist. Atty., Daniel A. Hiatt, Asst. Dist. Atty., for appellee.
MILLER, Judge.
William Thomas Bogan appeals from his conviction on two counts of aggravated stalking. On appeal he contends that (1) the evidence was insufficient to sustain the convictions, (2) the trial court erred by admitting evidence of a similar transaction, and (3) his trial counsel was ineffective. We discern no error and affirm.
Viewed in the light most favorable to the verdict, the evidence reveals that Bogan was arrested for family violence and battery following a domestic dispute with his girlfriend. As a condition of his bond, Bogan was instructed to have no further contact with the victim. A subsequent bond was issued on February 20, 1998, in connection with a stalking charge, again with the condition that Bogan not have contact with the victim.
In violation of this condition, on February 22 Bogan waited for the victim at her home, and when she arrived, he yelled at her and then hit her. He also pulled the victim's hair. Bogan then fled once the victim's daughter called the police. However, Bogan returned later that same evening and tried to climb into the victim's house through the living room window. Bogan fled once again when the victim screamed and said that she was calling 911.
The jury found Bogan guilty of two counts of aggravated stalking. Following the denial of Bogan's motion for new trial, in which he argued that his trial counsel was ineffective, Bogan appeals.
[255 Ga. App. 414] 1. Bogan argues that the evidence was insufficient to sustain his convictions for aggravated stalking. We disagree.
On appeal from a criminal conviction, we view the evidence in the light most favorable to the jury's verdict, and the defendant no longer enjoys the presumption of innocence. Short v. State, 234 Ga.App. 633, 634(1), 507 S.E.2d 514 (1998). We do not weigh the evidence or determine witness credibility, but only determine if the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt. Id.; see also Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).
A person commits the offense of aggravated stalking when such person, in violation of a bond to keep the peace posted pursuant to Code Section 17-6-110, temporary restraining order, temporary protective order, permanent restraining order, permanent protective order, preliminary injunction, or permanent injunction or condition of pretrial release, condition of probation, or condition of parole in effect prohibiting the behavior described in this subsection, follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other...
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Wickerson v. State
...generalized testimony about being scared to testify so as not to draw unnecessaryattention to it. See, e.g., Bogan v. State, 255 Ga.App. 413, 415–416(3)(b), 565 S.E.2d 588 (2002) (tactical decision not to object did not constitute deficient performance where counsel “made a tactical decisio......
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Bolton v. State
..."`Trial counsel's failure to pursue a futile objection does not constitute ineffective assistance.' [Cit.]" Bogan v. State, 255 Ga.App. 413, 415(3)(a), 565 S.E.2d 588 (2002). (a) Bolton first contends that his trial counsel erred in failing to object to the court's giving the Allen charge i......
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Daly v. State
...412 (2002). 26. (Citation omitted.) Silver v. State, 276 Ga. App. 801, 802, 625 S.E.2d 81 (2005). See also Bogan v. State, 255 Ga.App. 413, 415-416(3)(b), 565 S.E.2d 588 (2002). 27. (Citation omitted.) Hooks v. State, 280 Ga. 164, 165(3), 626 S.E.2d 114 28. See Givens v. State, 281 Ga.App. ......
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McGuire v. State, A03A2534.
...to pursue a futile objection does not constitute ineffective assistance." (Citation and punctuation omitted.) Bogan v. State, 255 Ga.App. 413, 415(3)(a), 565 S.E.2d 588 (2002). (b) McGuire next claims that trial counsel was ineffective for failing to object when the State referred to the cr......