MCFADDEN, P. J., RAY and RICKMAN, JJ.
McFadden, Presiding Judge.
jury trial, Michael Jerome Bryant was convicted of rape. He
appeals the denial of his motion for new trial, arguing that
trial counsel was ineffective, but he has not met his burden
of showing both deficient performance and prejudice. He also
argues that the trial court erred by refusing to admit
certain sexually explicit photographs the victim allegedly
sent Bryant, but the trial court's ruling was within his
discretion. So we affirm.
in the light most favorable to the verdict, Newsome v.
State, 324 Ga.App. 665 (751 S.E.2d 474) (2013), the
evidence showed that the victim and Bryant had an on-again,
off-again romantic relationship that lasted about
two-and-a-half years. Months after their relationship had
ended, Bryant showed up at the victim's apartment,
victim was wearing a house dress, so she went upstairs to
change clothes. Bryant entered her bedroom, uninvited, while
she was changing. The victim asked Bryant to return
downstairs, but instead he closed and locked the door. He
told the victim that he wanted to have sex with her. She
responded that she was in a relationship with someone else
and did not want to have sex with him. Bryant became
aggressive. He pushed the victim onto the bed, removed her
clothing, and had sexual intercourse with her.
Ineffective assistance of counsel.
argues that his trial counsel was constitutionally
ineffective in failing to inform him that he was under no
obligation to testify and in failing to object to the
assistant district attorney's reference to his
post-arrest silence. To prevail on this claim, Bryant
must show that his trial counsel provided deficient
performance and that, but for that unprofessional
performance, there is a reasonable probability that the
outcome of the proceeding would have been different. See
Strickland v. Washington, 466 U.S. 668, 687, 694
(104 S.Ct. 2052, 80 L.Ed.2d 674) (1984). In examining an
ineffectiveness claim, a court need not address both
components of the inquiry if the defendant makes an
insufficient showing on one. In particular, a court need not
determine whether counsel's performance was deficient
before examining the prejudice suffered by the defendant as a
result of the alleged deficiencies.
Jones v. State, 290 Ga. 576, 578 (3) (722 S.E.2d
853) (2012) (citation and punctuation omitted).
Failure to advise Bryant of his right not to
argues that trial counsel was ineffective for failing to
inform him that he was not obligated to testify and that the
choice to testify was his. Because we conclude that Bryant
has not shown prejudice, we need not decide whether the
record shows that trial counsel performed deficiently by
failing to advise Bryant that he did not have to testify.
motion for new trial hearing, trial counsel testified that
the defense strategy was to show that the victim had
consented, so Bryant's testimony was essential. Bryant
agreed with this defense. Although Bryant testified at the
motion for new trial hearing that he would not have testified
had he been informed that the choice was his, he conceded
that he was the only person who could tell his side of the
does not argue that the outcome of the trial would have been
different had he not testified. He "cannot show harm
because his testimony at trial provided the [only
testimonial] evidence in support of his defense that [any]
sexual contact with the victim [was consensual]. As such,
there is no probability, much less a reasonable one, that the
outcome of [Bryant's] trial would have differed but for
trial counsel's alleged error." Stevens v.
State, 329 Ga.App. 91, 93 (b) (762 S.E.2d 833) (2014).
See also Neal v. State, 308 Ga.App. 551, 554 (4) (b)
(707 S.E.2d 503) (2011) (no ineffective assistance of counsel
because, assuming trial counsel prevented defendant from