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Fletcher v. State

Trial counsel's decision to concede certain facts constituted reasonable trial strategy.

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Christopher Fletcher appeals his convictions of robbery by intimidation, aggravated sodomy, and aggravated assault. He also undertakes to appeal his conviction of possession of a knife during the commission of a felony armed robbery. But the sentencing sheet shows that Fletcher was not convicted of possession of a knife during the commission of a felony and instead was granted a directed verdict on that count. His arguments relating to that charge are therefore moot.

As for the robbery by intimidation, aggravated sodomy, and aggravated assault convictions, Fletcher argues that trial counsel was ineffective. But trial counsel’s decision to concede certain facts was reasonable. Fletcher argues that the trial court erred by delaying its ruling on Fletcher’s directed verdict motion until the close of the evidence and that the assistant district attorney improperly commented on the victim’s veracity during the closing argument. Fletcher waived these arguments, however, because he failed to object at trial. Fletcher argues that the trial court should have granted directed verdicts on three counts of the indictment, but we find that the trial court did not err as to two of them, and, as noted, a directed verdict was granted on the possession of a knife during an armed robbery count. We also find that the evidence is sufficient to support the robbery by intimidation, aggravated sodomy, and aggravated assault convictions. We therefore affirm the convictions.

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