McFADDEN, P. J., BRANCH and BETHEL, JJ.
appeal from his conviction for aggravated assault and other
crimes, Robert Carter argues that the trial court committed
plain error and violated the former version of OCGA §
17-8-57 when it reminded a witness during her direct
examination that she was "in the room" when a
co-defendant uttered a threat. We find no error and affirm.
appeal from a criminal conviction, we view the evidence in
the light most favorable to the verdict, with the defendant
no longer enjoying a presumption of innocence."
Reese v. State, 270 Ga.App. 522, 523 (607 S.E.2d
165) (2004) (citation omitted). We neither weigh the evidence
nor judge the credibility of witnesses, but determine only
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).
viewed, the record shows that late on the evening of November
18, 2009, the male and female victims were at their home in
DeKalb County when Edward Brooks knocked on their door. When
the male victim let Brooks into the house, Carter entered
behind Brooks. Brooks brandished a handgun and told the male
victim that Brooks was going to kill him. Carter, who was
also carrying a gun, pointed it at the male victim's
feet. Brooks and the male victim grappled over Brooks's
gun, which discharged into the floor during the struggle.
When Brooks and Carter fled, the male victim ran across the
street and called 911.
and Carter went to the home of Justin Moore, where Brooks
asked for a ride to a store. The three men got into a van
with Brooks driving. Police soon located the van and pulled
it over. As they did so, Brooks threw the handgun he was
carrying to Moore, who put it "up under the seat."
The officer making the traffic stop of the van saw a handgun
between the door jamb and seat on the passenger side and a
second handgun at Moore's feet in the back seat.
and Carter were arrested, and each man was charged with two
counts of aggravated assault, two counts of possession of a
firearm during the commission of a felony, and one count of
possession of a firearm by a convicted felon. Brooks pled
guilty in the middle of trial and testified for the defense.
Moore was charged with and pled guilty to possession of a
firearm by a convicted felon.
direct examination by the State, the female victim testified
that she was in the living room when Brooks entered it with a
gun. The following colloquy then took place:
[Q] And what was [Brooks] saying while he had that gun in his
[A] He had said what I said he said before[, ] and he said it
once, he was holding the gun, and it wasn't pointed, and
I left, I left the room.
[Q] What else was he saying?
[A] Like what? Such as?
point, the trial court addressed the female victim:
"Ma'am, you were in the room. What else did
[Brooks] say in your presence that you know [of]?"
(Emphasis supplied.) The State then resumed its examination
by asking, "What did [Brooks] say about Felicia
Putney?" The victim responded:
[A] Oh, okay. He said that we were trying to hook her up with
somebody else, you know, ...