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Brewer v. State

The defendant could not complain that his court-appointed counsel was ineffective in filing a general demurrer to the State's original indictment, as the defendant induced any deficiency by insisting that counsel do so over her objection.

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A Richmond County jury found Michael Brewer guilty on two counts of committing an act of child exploitation through the use of a computer or electronic device, OCGA § 16-12-100.2 d 1. Brewer appeals from the denial of his motion for new trial. He contends that the trial court erred in rejecting his claim of ineffective assistance of trial counsel. Finding no error, we affirm.

Brewer contends that his court-appointed defense counsel provided ineffective assistance by filing a general demurrer to the State’s original indictment. He argues that his counsel’s general demurrer “alerted the prosecution to the indictment’s problems of proof before jeopardy attached, and induced it to retreat to charges better tailored to its proof, easier to establish, and carrying greater sentences.” According to Brewer, the fact that counsel filed the demurrer at his insistence is legally insignificant.

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