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Tremblay v. State

The jury was authorized to find that the State disproved the defendant's self-defense claim, since all the testimony pointed to the defendant as the initial aggressor who attacked the unarmed victim.

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A jury found Jahaziel Tremblay guilty of aggravated assault, and the trial court denied his motion for new trial. On appeal, Tremblay contends that the evidence was insufficient to support his conviction, the trial court erred by charging the jury that a defendant claiming justification must show that he did not act in a “spirit of revenge,” and his trial counsel rendered ineffective assistance. For the reasons discussed below, we affirm.

Following a criminal conviction, we view the evidence in the light most favorable to the jury’s verdict. See Flemister v. State, 317 Ga. App. 749 732 SE2d 810 2012. So viewed, the evidence showed that on the night of July 26, 2011, a group of North Gwinnett High School students, including the victim, were at a party in the Wild Timber subdivision. Tremblay, who was older and no longer in high school, came to the party with some of his friends and got into a heated argument with one of the students. Tremblay and the student went outside as they continued their argument and many other party goers, including the victim, followed them. The street where the party was taking place dead-ended into the parking lot for the subdivision’s clubhouse, and the group walked down the street in that direction as Tremblay and the student continued to argue. Near the parking lot, the student began punching Tremblay. Tremblay did not fight back and after he was struck several times by the student, he got in his car and drove off.

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