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Smith v. State

The victims' testimonies and evidence that the defendant employed an elaborate three-way calling scheme to hide his location at the time of the attack supported his convictions for aggravated assault, burglary and firearms offenses.

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Roy Mandell Smith was convicted of three counts of aggravated assault, one count of burglary, and several firearms charges. He contends on appeal that the evidence was insufficient and that his trial counsel was ineffective for not interviewing all of the State’s witnesses and not objecting to the admission of cell phone records on relevance grounds. For the reasons that follow, we affirm.

1. On appeal, a defendant no longer enjoys the presumption of innocence. Ellis v. State, 282 Ga. App. 17, 18 1 637 SE2d 729 2006. We consider the evidence in the light most favorable to the verdict, without weighing it or deciding the credibility of witnesses. Id. So viewed, the evidence at trial established that Smith and the first victim lived together from 1989 to 1996 and had two children. Their relationship was civil and Smith, who remained in Virginia after the first victim “the mother” moved to Georgia, maintained contact with the children, although he did not contribute to their support and saw them rarely. In 2009, the mother “filed for child support” for the couple’s son, who was then 15. After Smith was served, he told the mother that she needed to drop the case before February 9, 2010 because it would “mess up his credit” and he would not be able to buy a house. On February 1, 2010, Smith waived service of a Virginia child support order directing him to pay the Virginia support enforcement agency $317 a month beginning the next month for the benefit of his son. The order also informed Smith that he had ten days to appeal it.

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