A Floyd County jury found James Laster guilty beyond a reasonable doubt of family violence battery, OCGA § 16-5-23.1; criminal trespass, OCGA § 16-7-21; and abuse of an elder person, OCGA § 30-5-8. He appeals from the denial of his motion for new trial, and, for the following reasons, we affirm.
1. Laster contends that the evidence was insufficient to support his conviction, pointing to the elderly victim’s testimony that, while Laster caused her injuries, he did it accidentally, not intentionally. When a criminal defendant challenges the sufficiency of the evidencе supporting his or her conviction, “the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution,
any
rational trier of faсt could have found the essential elements of the crime beyond a reasonable doubt.” (Citation omitted; emphasis in original.)
Jackson v. Virginia,
In 2008 or 2009, 48-year-old Laster moved into the home of the victim, an 87-year-old widow who was not related to Laster, but who аllowed him to live there free of charge in return for yard and maintenance work. The victim’s daughter and neighbors testified, however, that they rarely saw Laster do any work аround the victim’s home. One of the neighbors testified that, instead, Laster often sat on the victim’s front porch drinking alcohol. The victim, whose only income was Social Seсurity benefits, admitted that she regularly gave Laster money to buy food, cigarettes, and alcohol.
According to the victim’s neighbors, they repeatedly heard Laster sсreaming at the victim, telling her that he wanted money for beer, a bicycle, or other things. The victim often visited one of those neighbors, and the neighbor reported that thе victim always seemed tired, that the victim had bruises on her arms “all the time,” and the victim tried to hide the bruises from her. The neighbor testified that she believed Laster had caused thе bruises and that he was taking advantage of the victim financially, noting that the victim never seemed to have money and was “always trying to borrow some.” According to the nеighbor, during the visits, the victim sometimes seemed frightened of Laster, admitted that Laster got mad at her if she did not have money to give him, and repeatedly said that she wished Laster wоuld move out of her home.
Then, at approximately 11:30 p.m. on May 7, 2010, the victim knocked on the door of her neighbors. She was “shaking all over,” visibly upset, bruised, and bleeding from an injury to her forearm. The victim told them that Laster had grabbed her by the arm, twisted it with both of his hands, and pushed her down. He then poured bleach on her mattress, and the victim was afrаid that he was going to burn down the house. The neighbors called 911, and the responding officers observed the victim’s injuries, including the fresh wound to her arm. When asked what had happened, the victim told the officers that she and Laster had gotten into an argument, that he had grabbed her arm with both hands and had twisted her arm, and that he had poured bleach on her mattress and threatened to burn her house down. The officers and the neighbors walked over to the victim’s house and, as soon as they entered the house, they smellеd a “suffocating” odor of bleach that was emanating from the victim’s mattress. Laster was not inside the house, so the officers searched the surrounding wooded areа, but they were unable to find him.
In addition, the State presented evidence of a similar transaction involving Laster and his former wife, who testified that she and Lаster got into an argument while they were both drinking and that Laster bit her arm and broke the back windshield of her car.
In arguing that the evidence was insufficient to support his conviсtion, Laster argues that the victim was a competent, indepen dent woman who testified at trial that, on the date at issue, she had stumbled and Laster had tried to catch her with both of his hands in an attempt to prevent her from falling. According to the victim, the injury to her arm was the result of Laster’s attempt to help her and was not due to any intentional act by Laster. The victim was unable to recall other facts about the evening, however, including Laster’s act of pouring bleach on her mattress and what shе had told the neighbors and the police. Further, the victim admitted at trial that, prior to her “fall,” she and Laster had been talking in her bedroom and Laster had been “upset” bеcause she had decided to pay someone else to cut her grass. Moreover, as shown above, the victim’s recollection of what occurred thаt night was contradicted by her contemporaneous statements to her neighbors and the police, as well as her statements to her daughter the next morning. In fact, the victim’s neighbors, the officers, and her daughter all testified that the victim never told them that she had tripped and that Laster had tried to prevent her from falling by catching her аrms.
Although there were conflicts in the evidence presented in this case, it is solely within the jury’s authority to resolve such conflicts, to weigh the evidence, and to judge the сredibility of the witnesses in reaching its verdict.
Jackson v. Virginia,
2. Laster contends that the trial court erred in denying his motion for new trial, suggesting that the court erred in refusing to allоw the victim to testify during the motion hearing regarding her disagreement with the jury’s verdict. 1 Because Laster has failed to support this contention with any citation to authority, this allеged error is deemed abandoned. Court of Appeals Rule 25 (c) (2).
3. Finally, Laster contends that he was denied a fair trial, alleging that, at the end of his trial, the proseсutor realized that he knew one of the jurors. According to Laster, if he had learned that the juror had a “predisposition” in favor of the prosecution during voir dire, hе would have struck the juror. However, Laster has failed to cite to any evidence in the record to support his contentions, and, even though this Court is not required to cull the record to look for
error,
2
we have, in fact, reviewed the entire
“A party alleging error carries the burden of showing it affirmatively by the record, and when that burden is not met, the judgment is assumed to be correct and will be affirmed.” (Fоotnote omitted.)
Boles v. Lee,
Judgment affirmed.
