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Woodv.State

CourtCourt of Appeals of Georgia
Docket No.A22A1474
DecidedDecember 9, 2022
Reporter366 Ga. App. 305; 882 S.E.2d 50; 2022 Ga. App. LEXIS 551; 2022 WL 17544720
JudgesDoyle, P.J., Reese, J., and Senior Appellate Judge Herbert E. Phipps; Doyle, P.J., and Phipps concurred.
Tags
CriminalAggravated AssaultIneffective Assistance of CounselLesser Included OffenseSimple Assault ChargeBat AttackMotion for New Trial
Case Summary

After a dispute with Roberto Ruiz, Brandon Wood struck him in the head with a baseball bat, causing a skull-deep laceration and other serious injuries. A jury convicted Wood of aggravated assault, and the trial court denied his motion for a new trial. Wood claimed counsel was ineffective for, among other things, not demanding a statutory speedy trial or requesting a lesser-included simple-battery instruction, and for not objecting to testimony. The Court of Appeals found no ineffective assistance: counsel’s choices were reasonable trial strategy or caused no shown prejudice. Wood also argued that the court should have instructed the jury on simple assault because it is an element of aggravated assault. Reviewing that unpreserved claim for plain error, the court held no instruction was required: the undisputed evidence showed a bat strike causing serious bodily injury, leaving the jury to decide whether the aggravated assault was committed or the strike was justified as self-defense. The court affirmed.

Opinion

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