Sutton v. State, A93A0947
| Decision Date | 13 September 1993 |
| Docket Number | No. A93A0947,A93A0947 |
| Citation | 210 Ga.App. 247,435 S.E.2d 748 |
| Parties | SUTTON v. The STATE. |
| Court | Georgia Court of Appeals |
Jon L. Coogle, Oglethorpe, for appellant.
John R. Parks, Dist. Atty., Barbara A. Becraft, Asst. Dist. Atty., for appellee.
Charlie J. Sutton was convicted of aggravated assault, burglary and criminal trespass. He appeals his convictions and the denial of his motion for a new trial.
1. Sutton asserts that the trial court erred in denying his motion for a new trial in that the State's evidence was insufficient to support a conviction. 1 Viewing the evidence in the light most favorable to the jury's verdict, the incident occurred as follows. Sutton's estranged wife, Jackie Sutton, was visiting at the home of Betty Wilson. The two women were in the living room of the house. It was early on a summer night and the front door was open. Sutton appeared at the screen door and said he wanted to talk with Jackie. Ms. Sutton indicated that she did not wish to speak with him, and he left. According to Ms. Sutton's testimony, Sutton returned about ten minutes later, carrying a knife. He tore the screen door from its frame and charged at Ms. Sutton, who was attempting to use Ms. Wilson as a shield. Several pieces of furniture were upset and broken in the fracas. The women moved into the kitchen where Ms. Sutton picked up a knife from the table. Sutton then stabbed his wife, for the first time, in the side. Ms. Wilson broke loose and ran to get help from Ms. Sutton's grandmother who lived nearby. The struggle between the Suttons continued, moving back through the living room, out the front door, and into a hedge of plum bushes. Sweet Lee Strong, Ms. Sutton's grandmother, arrived at the scene carrying a gun. At that point, Ms. Sutton had been stabbed 15 times on her chest, sides and back. According to Ms. Strong's testimony, Sutton grabbed her, threatened her life and succeeded in wresting the gun from her. Ms. Strong stated that she believed that Sutton's hand had been cut when he was struggling with her over the gun. During this altercation, Ms. Sutton managed to get away and was subsequently taken to the hospital.
Sutton, testifying in his own defense, asserted that he had never been to Betty Wilson's house and that he had been attacked and cut by his wife as he attempted to go to his sister's house, and that he was acting in self-defense. He offered testimony regarding the stormy and sometimes violent nature of his relationship with Ms. Sutton. "The jury determines the credibility of the witnesses and weight to be given their testimony." (Citations and punctuation omitted.) Frost v. State, 204 Ga.App. 581, 582, 420 S.E.2d 81 (1992).
After reviewing all of the evidence in the case, we find the evidence and all reasonable deductions therefrom sufficient to enable a rational trier of fact to find the elements of burglary, criminal trespass, and aggravated assault beyond a reasonable doubt in accordance with the standard of Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). The trial court did not err in denying Sutton's motion for a new trial on this ground.
2. Sutton also claims that the trial court erred in denying his motion for a new trial because he was denied effective assistance of counsel. Specifically, Sutton complains that trial counsel failed to pursue the defense of justification and failed to locate witnesses who could testify regarding the violent temperament of the victim and nature of their relationship. The decision not to pursue the defense of justification is one of trial strategy with which we will not generally interfere. " ...
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Warren v. State
...(Citation and punctuation omitted.) Curry v. State, 269 Ga.App. 170, 172(4), 603 S.E.2d 530 (2004). See Sutton v. State, 210 Ga.App. 247, 248(2), 435 S.E.2d 748 (1993) (decision not to pursue the defense of justification is one of trial Warren testified at trial that Castle and Hobbs tried ......
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Craft v. State
...whether wise or unwise, do not amount to ineffective assistance of counsel." (Punctuation omitted.) Milliken v. State.26 See also Sutton v. State.27 Trial counsel's failure to request a jury charge on a lesser included offense is also advanced by Craft as a basis for his claim of ineffectiv......
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Dixon v. State
...POPE, P.J., and MIKELL, J., concur. 1.Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). 2. Sutton v. State, 210 Ga.App. 247-248(1), 435 S.E.2d 748 (1993). 3. Russell v. State, 243 Ga.App. 378, 382(4), 532 S.E.2d 137 (2000); see Weidmann v. State, 222 Ga.App. 796, 797(......
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Polk v. State, A97A0375
...require a finding that defendant's original representation was inadequate." (Citations and punctuation omitted.) Sutton v. State, 210 Ga.App. 247, 248(2), 435 S.E.2d 748 (1993). In light of an order from the trial court authorizing a correction in the trial transcript, there is no merit to ......