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Young v. State

The defendant did not show that his counsel was ineffective in providing him with the requisite knowledge to make an informed and intelligent waiver of his right to a jury trial.

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After a bench trial, Joshua Keith Young was convicted of hijacking a motor vehicle OCGA § 16-5-44.1 b; armed robbery OCGA § 16-8-41 a; two counts of aggravated assault OCGA § 16-5-21 a 1, 2; and three counts of possession of a firearm during the commission of crime OCGA § 16-11-106 b.1 He appeals from the denial of his motion for new trial contending that the trial court erred in failing to find that he received ineffective assistance of counsel. For the reasons that follow, we disagree and affirm.

Young does not contest the sufficiency of the evidence sustaining his conviction. Construed in favor of the verdict, Jackson v. Virginia, 443 U. S. 307 99 SCt 2781, 61 LE2d 560 1979, the evidence shows that on August 19, 2011, the victim, Christopher Reyas, agreed to give Young and some other men, whom he did not know, a ride to someone’s house. When Reyas drove into the driveway, one of the men whom he did not know pulled him out of the car, and several people beat him up. Reyas managed to get back into the car, and he, Young, and another man left the scene. During the ride, however, Young pulled Reyas’ hair and punched and kicked him. Young pointed a gun at Reyas and demanded that he get out of the car. Fearing for his life, Reyas complied, and Young drove away in Reyes’ car.

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