Dean v. State
313 Ga. App. 726
Ga. Ct. App.2012Background
- Dean and Belton were friends who cohabited; Belton asked Dean to straighten a closet and leave the apartment.
- During the incident, Dean struck Belton on the right side with a belt while she washed in the bathroom.
- Belton retrieved a protective stick; Dean grabbed it and Belton struck him with her cane, after which Dean hit Belton's left hand with the stick.
- A week later Belton sought emergency room treatment for a fractured arm near the hand.
- Temika Dean, the defendant's niece, observed Dean with a swollen, discolored hand; a jail nurse noted a knot on Dean's hand but an X-ray showed no fracture.
- The State charged Dean with aggravated battery under OCGA § 16-5-24(a); the trial court gave a jury instruction on primary aggressor under OCGA § 17-4-20.1(a)-(b); Dean was convicted, but the conviction was later reversed on appeal due to instructional error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence supports aggravated battery conviction | Dean argues insufficiency of evidence | State contends evidence proves bodily harm rendering a limb useless | Sufficient evidence supports conviction |
| Whether the trial court erred by the primary aggressor jury instruction | Dean asserts the instruction was not based on evidence and invaded jury's function | State asserts instruction was proper based on statutes and policy | Instruction was improper and not supported by the evidence; reversal required (new trial) |
| Whether the ineffective assistance of counsel claim is preserved for review | Dean suggests ineffective assistance | State contends issue not reached due to reversal | Not reached; conviction reversed on other grounds |
Key Cases Cited
- Goss v. State, 305 Ga.App. 497, 699 S.E.2d 819 (2010) (evidence viewed in light most favorable to guilty verdict; no weighing of credibility by appellate court)
- Vaughn v. State, 301 Ga.App. 391, 687 S.E.2d 651 (2009) (credibility for jury resolves conflicts in testimony)
- Strobhert v. State, 241 Ga.App. 354, 526 S.E.2d 863 (1999) (unauthorized instructions require new trial if confusion or misleading to jury)
- Hammond v. State, 289 Ga. 142, 710 S.E.2d 124 (2011) (harmless error standard; highly probable error contributed to judgment)
- Williamson v. State, 300 Ga.App. 538, 685 S.E.2d 784 (2009) (state may retry after reversal if conviction invalid)
- Ganas v. State, 245 Ga.App. 645, 537 S.E.2d 758 (2000) (evidence supported aggravated battery conviction)