Reconsideration denied March 26, 2015 -- Cert. applied for.
Aggravated assault, etc. Catoosa Superior Court. Before Judge House.
Robert C. Rutledge, for appellant.
Herbert E. Franklin, Jr., District Attorney, Leanna S. Granillo, Assistant District Attorney, for appellee.
McFADDEN, Judge. Andrews, P. J., and Ray, J., concur.
After a jury trial, Randall Jerome Broom was convicted of aggravated assault with a knife (OCGA § 16-5-21) and theft by shoplifting (OCGA § 16-8-14). Broom received a recidivist sentence. On appeal, he challenges the sufficiency of the evidence supporting his aggravated assault conviction, but we find the evidence sufficient. He also argues that his trial counsel was ineffective for failing to inform him of a plea offer, including the offer's expiration date. The evidence, however, supports a finding that trial counsel timely informed Broom of the offer and there is no evidence to show that he would have accepted the offer had he known its expiration date. Accordingly, we affirm.
[331 Ga.App. 565] 1. Sufficiency of the evidence.
When a defendant challenges the sufficiency of the evidence supporting his criminal conviction, " the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." Jackson v. Virginia, 443 U.S. 307, 319 (III) (B) (99 S.Ct. 2781, 61 L.Ed.2d 560) (1979) (citation omitted; emphasis in original).
So viewed, the evidence showed that on July 26, 2009, Broom entered a store, removed a watch from its packaging, placed it on his wrist, put his hand in his pocket, and left the store without paying for the watch. A store loss prevention officer witnessed Broom take the watch. He and a store manager confronted Broom outside the store and asked Broom to give them the watch and accompany them back inside. As the three walked into the store, Broom suddenly broke away and began to flee. He tripped and fell into a shopping cart, got back up, swung a knife at the loss prevention officer and the store manager, threatened to cut them, and then ran. Broom was apprehended outside the store.
At trial, Broom admitted to taking the watch but testified that he had a cell phone rather than a knife in his hand. He argues that because the evidence conflicted about what he was holding it was insufficient to convict him of aggravated assault. But the loss prevention officer and the store manager positively testified that Broom had a knife. " It is the function of the jury, not the reviewing court, to resolve conflicts in the testimony, to weigh the evidence, and to draw ...