Hendrix v. State
328 Ga. App. 819
| Ga. Ct. App. | 2014Background
- Hendrix was convicted of multiple offenses including aggravated assault, family violence battery, simple battery, cruelty to children, misdemeanor fleeing, and driving with a suspended license; he was sentenced as a recidivist under OCGA § 17-10-7(c).
- The incident occurred July 19, 2010, in which Hendrix argued with his mother, poured water on her, and punched Hosa Mills, causing them to collapse a coffee table and prompting Mills to give Hendrix the van keys.
- Hendrix allegedly threw the table frame at Mills, prompting Mills and a witness to fear injury; the table was described as a 10- to 12-pound metal frame.
- Law enforcement pursued Hendrix after he fled in the van despite being signaled to stop; the officer ultimately blocked and arrested him after a pursuit of nearly two miles.
- The defense challenged whether the table constituted a deadly or dangerous weapon under OCGA § 16-5-21(a)(2), and Hendrix argued ineffective assistance of counsel on several grounds.
- The trial court denied relief on both the weapon designation issue and the ineffective assistance claim, and Hendrix appealed the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the table a deadly or dangerous weapon? | Hendrix argued the table was not used as a deadly weapon. | The State contended the table, used offensively, could be dangerous and cause serious injury. | Yes; the evidence supported the table functioning offensively to cause serious injury under applicable law. |
| Was trial counsel ineffective for failing to raise certain objections and impeachments? | Hendrix claimed counsel failed to pursue a directed verdict and impeachment avenues. | Counsel's failures were strategic and not deficient; the record lacked evidence of specific investigations. | No; the claims failed, and the trial court's ruling was affirmed. |
Key Cases Cited
- Livery v. State, 233 Ga. App. 882 (1998) (offensive weapon includes non-per se instrumentalities depending on use)
- Talley v. State, 137 Ga. App. 548 (1976) (lamp may be an offensive weapon depending on use)
- Simmons v. State, 149 Ga. App. 830 (1979) (non-weapons may injure seriously depending on circumstances)
- Banks v. State, 169 Ga. App. 571 (1984) (ceramic statue may be weapon depending on manner of use)
- Gough v. State, 236 Ga. App. 568 (1999) (hammer as offensive weapon depending on use)
- Scott v. State, 243 Ga. App. 383 (2000) (jury question whether object used offensively to cause injury)