ELLINGTON, P. J., ANDREWS and RICKMAN, JJ.
Thompson was tried by a jury and convicted of aggravated
battery. On appeal, Thompson contends that the
trial court erred by failing to rebuke the prosecutor and
give corrective instructions to the jury after the prosecutor
made an allegedly improper statement during her closing
argument. For the following reasons, we affirm.
On appeal from a criminal conviction, we view the evidence in
the light most favorable to support the jury's verdict,
and the defendant no longer enjoys a presumption of
innocence. We do not weigh the evidence or judge the
credibility of the witnesses, but determine only whether the
evidence authorized the jury to find the defendant guilty of
the crimes beyond a reasonable doubt in accordance with the
standard set forth in Jackson v. Virginia, 443 U.S.
307 (99 S.Ct. 2781, 61 L.Ed.2d 560) (1979).
(Citation and punctuation omitted.) Hall v. State,
335 Ga.App. 895 (783 S.E.2d 400) (2016).
viewed, the evidence showed that the victim was disabled and
required the use of a wheelchair or scooter because she could
not walk. Thompson and the victim were dating and the victim
characterized their relationship as "rocky." One
evening, after Thompson and the victim had been dating for
approximately three months, Thompson drove over to the
victim's residence. When Thompson arrived at the
victim's residence, she was alone and was sitting on her
scooter. Thompson asked the victim for some money and when
she said "no, " the two ended up getting into an
victim asked Thompson to leave and he slapped her face twice.
The victim tried to call the police twice, but Thompson took
her cellular phone and ended the calls. When the victim tried
to call the police a third time, Thompson lifted her scooter
up, cursed at her, threatened to harm her, and tossed her out
of the scooter. After being emptied out of the scooter, the
victim immediately knew that her arm was broken. Thompson
looked at the victim's arm, stepped on it, took her phone
away, and kicked the side of her head. Thompson then threw
the victim's phone in her face and left her residence.
After leaving, Thompson came back into the victim's
residence and took her phone.
the victim crawled over to the door to lock it, she was able
to get back onto her scooter. The victim went into her
mother's room to call 911 on the landline phone. After
calling 911, the victim heard someone come into the
residence. The victim assumed that it was her mother but then
she saw Thompson, who came up to her, pulled her hair, and
asked if she believed that he loved her.
victim went to the hospital where it was confirmed that she
had a broken arm. As a result of the injury, the victim had
to undergo surgery.
the incident, Thompson and the victim had a conversation on
Facebook. During the conversation, the victim told Thompson
that her arm was broken and he replied, "u brought dat
[expletive] on[.]" Thompson then explained, "u
flopped out dat chair . . . i din hit u so hard u fell out
dat chair[.]" Additionally, when Thompson was arrested,
after the officer explained to him the purpose of the arrest,
Thompson told the arresting officer that "he had barely
hit [the victim]."
testified that on the night of the incident he went to the
victim's residence. According to Thompson, he and the
victim argued and he "cussed her out like a dog."
While denying that he ever touched the victim, Thompson
admitted that he called the victim "a cripple, "
threatened that she was "going to make [him] [expletive]
[her] up, " and left her on the floor after she
"fell" from her scooter.
trauma radiologist who viewed the x-rays of the victim
testified that she had fractures of the ulna and radius. The
radiologist testified that the victim's fractures would
be "atypical" for a fall because "[t]ypically
when someone falls, they fracture the . . . wrist" due
to bracing themselves from the fall. The victim did not have
any injury to her wrist which led the radiologist to opine
that the fractures were not caused by a fall.
grand jury returned an indictment charging Thompson with
aggravated battery, two counts of aggravated assault, robbery
by intimidation, burglary in the first degree, two counts of
theft by taking, criminal trespass, and hindering emergency
telephone call. Thompson was tried by a jury and found guilty
of aggravated battery; Thompson was acquitted of the
remaining charges. Thompson timely filed a motion for new
trial and an amended motion for new trial, both of which were
denied. Thompson appeals from both his conviction and the
denial of his motion for new trial.
contends that the trial court erred by failing to rebuke the
prosecutor and give corrective instructions to the jury after
the prosecutor made an allegedly ...