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Robinson v. State

The defendant failed to prove his ineffective assistance of trial counsel claim, as he failed to show that there was a reasonable probability that the trial's outcome would have been different, but for his counsel's alleged deficiency.

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Appellant Shaheed Robinson was indicted and tried before a jury for aggravated assault and aggravated battery of two alleged victims. He was acquitted of aggravated battery as to both but convicted of aggravated assault of one of them. The trial court granted a mistrial on the count alleging aggravated assault of the second alleged victim. Robinson appeals his conviction, arguing that trial counsel was ineffective. Specifically, he argues that trial counsel should have objected to a detective’s testimony about a non-testifying co-defendant’s statement. Because Robinson has not shown that there is a reasonable probability that the outcome of the proceeding would have been different had trial counsel handled the detective’s testimony in another manner, he has not shown ineffective assistance of counsel. We therefore affirm.

Viewed in the light most favorable to the verdict, Morris v. State, 322 Ga. App. 682 1 746 SE2d 162 2013 citation omitted, the evidence shows that Robinson, co-defendant Timothy Amey, and the second alleged victim were at a club together. After leaving the club, the second alleged victim brought Robinson and Amey to his residence, where the victim also lived. The four men used cocaine and drank alcohol.

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