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Brown v. State

A recorded telephone conversation in which the defendant's brother told the victim that his mother would pay the victim to tell the police his brothers were not involved in the assault on the victim did not constitute inadmissible hearsay because it was not offered to prove the truth of the brother's statement, just that the brother had made the offer and the victim had rejected it.

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A Walton County jury found Isaac Brown guilty of aggravated assault, OCGA § 16-5-21 b 2; possession of a firearm during the commission of a crime, OCGA § 16-11-106 b 1; and possession of a firearm by a convicted felon, OCGA § 16-11-131 b. Brown appeals from the denial of his motion for a new trial, contending that the trial court erred in admitting hearsay evidence and that his trial counsel was ineffective. Finding no reversible error, we affirm.

Viewed in the light most favorable to the jury’s verdict,1 the record shows that, on November 14, 2011, Brown and his brother, Abraham, assaulted Mario Fambrough. Fambrough testified that he was standing outside his uncle’s home with a friend, talking on his cell phone, when the Brown brothers walked up to him. Both Fambrough and his friend, Jarvaris Brake, testified that the brothers pulled out handguns and pointed them at Fambrough. Brake fled inside the house while the brothers pistol-whipped Fambrough until he surrendered his wallet.2 Fambrough’s uncle testified that he saw two men beating his nephew but that he did not see their faces. As a result of the assault, Fambrough suffered facial lacerations and a swollen eye. Brown, who elected to testify in his defense, contended that he and Fambrough had gotten into a fight over a drug deal and that he had been unarmed.

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