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Shields v. State

The trial court did not abuse its discretion in denying the defendant's motion in limine seeking to prevent references to his status as a parolee.

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After a jury trial, Maurice Shields was convicted of multiple counts of aggravated battery family violence and aggravated assault family violence. He appeals the convictions, arguing that the trial court erred by denying his motion in limine to prevent reference to his status as a parolee, that the trial court erred in considering a prior conviction when sentencing him as a recidivist, and that he received ineffective assistance of trial counsel. We hold that the trial court did not err by denying the motion in limine because references to Shields’ parole status were not improper, that Shields failed to meet his burden of showing the invalidity of the prior conviction used in sentencing, and that he received effective assistance of counsel. We therefore affirm the convictions.

Viewed in the light most favorable to the verdict, Morris v. State, 322 Ga. App. 682 1 746 SE2d 162 2013, the evidence shows that the victim and Shields married while Shields was incarcerated. At the time of his attack on the victim, Shields had been released from prison and had been living with the victim and their daughter for five or six months. Shields and the victim were not getting along.

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