MILLER, P. J., BROWN and GOSS, JJ.
found Marquis Johnson guilty of aggravated assault and
criminal damage to property in the second degree. In this
appeal, he contends that the trial court erred by denying his
request to charge the jury on the lesser included offense of
simple assault and that the evidence was not sufficient to
support his conviction for aggravated assault. For the
reasons explained below, we disagree and affirm.
appeal from a criminal conviction, the standard for reviewing
the sufficiency of the evidence
is whether a rational trier of fact could have found the
defendant guilty beyond a reasonable doubt. This Court does
not reweigh evidence or resolve conflicts in testimony;
instead, evidence is reviewed in a light most favorable to
the verdict, with deference to the jury's assessment of
the weight and credibility of the evidence.
(Citations and punctuation omitted.) Hayes v. State,
292 Ga. 506 (739 S.E.2d 313) (2013). So viewed, the record
shows that the charges against Johnson arose from an argument
with his stepfather. It began when the stepfather denied
Johnson's second request to use a car to drive to a
college class instead of his mother or stepfather driving him
and dropping him off. The stepfather testified that
"things got out of hand" when he told Johnson again
that he could not use the car, and the stepfather admitted
that he could have handled the situation better. At some
point during the altercation, the stepfather walked up the
street because he was upset and needed to "cool
off." At this point, no physical altercation had taken
stepfather walked back toward his house, Johnson's mother
yelled for him to bring the car keys. The stepfather
described what happened next in the following ways:
When I came back, I lunged at - went at my car, he thought I
was coming at him, that's when my wife got bumped, she
hit against her car, and so - she was upset and he saw that,
and that's when he ran in the house.
. . .
That's when he thought I was lunging at him and his
mother and that's when he got defensive, and that's
when she hit . . . the car because I came up, going to give
her the keys and get in my car and just go, and then he saw
me bump his mother and that's when he reacted.
. . .
What I did, I walked down here, he was standing - him and his
mother was standing right there by the doorway, then they
walked towards the car, she said just give me the keys, and I
went at her like this here (demonstrating), he was standing
there and I bumped him. That's when he ran in the house
because he thought there was going to be a physical
Johnson returned after going inside the house, he was holding
a knife in each hand. Johnson did not lunge at his stepfather
or try to cut him; "he just held the knives up."
The stepfather testified that Johnson "never got closer
than ten feet" to him. After Johnson came outside with
the knives, the stepfather ran across the street and picked
up a stick of quarter round molding lying outside a
neighbor's garage to defend himself in case Johnson came
close to him with the knives. While the stepfather was
running across the street and had his back turned, Johnson
smashed the windshield of his stepfather's car. After the
stepfather picked up the stick, both men were screaming and
yelling, with the stepfather telling Johnson to "put
them knives down" and Johnson asking the stepfather to
"fight me like a man." At one point, the stepfather
put the stick down and told Johnson, "[L]ook, I'm
not going to do anything to you, put the knives down,"
but Johnson refused and continued to shout "fight me
like a man." The stepfather testified at trial that he
was "[a]t no time . . . in fear for my life, I was just
getting something to protect me. . . . Just in case he got
any closer so I can, you know, ward it off."
State established during the stepfather's testimony at
trial that his recollection of the events changed after he
initially spoke with the police. The stepfather told the
police that Johnson smashed the windshield before he went
into the house to get the knives, that Johnson chased him
with the knives, and that he feared for his life
"because of the simple fact that he got two knives and .
. . I have a ...