A jury convicted LaMonte T. Hendrix of one count each of aggravated assault OCGA § 16-5-21 a 21 ; family violence battery OCGA § 16-5-23.1 f; family violence simple battery OCGA § 16-5-23 f; third-degree cruelty to children OCGA § 16-5-70 d; misdemeanor fleeing and attempting to elude OCGA § 40-6-395; and driving with a suspended license OCGA § 40-5-121. He was sentenced as a recidivist pursuant to OCGA § 17-10-7 c. Hendrix filed this out-of-time appeal from the denial of his motion for new trial. On appeal, Hendrix contends that the trial court erred in finding that the State had proven that a table he threw at the victim was a deadly weapon pursuant to OCGA § 16-5-21. He also argues that he received ineffective assistance of counsel. For the reasons that follow, we affirm.
Viewed under the standard laid out in Jackson v. Virginia, 443 U. S. 307 99 SCt 2781, 61 LE2d 560 1979, the evidence shows that Hendrix lived with his mother, Janice Mills, and her two grandchildren, J. T. and O. M. On July 19, 2010, Hendrix and his mother got into an argument when she refused to let him borrow her van. Hendrix poured water on his mother and called her a “stupid bitch.” Mills’ ex-husband, Hosa Mills, was in the home and came into the room where Hendrix and Janice Mills were arguing. Hendrix was pouring water on his mother and had his hand on her. Hosa Mills told him to stop, and Hendrix punched Hosa Mills in the side of his eye, causing him to fall through and break the glass top of a metal coffee table. While Hosa Mills was still on his knees, Hendrix lifted the coffee table’s 10-to-12-pound metal frame over his head and threw it down at Hosa Mills, who blocked the blow with his arm. Janice Mills then gave Hendrix the van keys because she was concerned that things between her ex-husband and her son might get “a little rougher.” J. T., who was 14 or 15 years old, then locked the door behind Hendrix and called 911. A police officer who heard a “Be On the Lookout” spotted Hendrix driving the van, and he turned on his blue lights and siren. Hendrix did not stop. After following Hendrix for nearly two miles, the officer was able to block the van and arrest Hendrix.
