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Jones v. State

Although the victim did not sustain any facial fractures or physical damage to her eyeballs, the evidence was sufficient for the jury to find that her disfigurement was serious, thus supporting the defendant's conviction for family violence aggravated battery.

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A jury convicted Robert Lynn Jones of aggravated battery-family violence, criminal trespass, fleeing and attempting to elude police officers, reckless driving, failure to stop at a stop sign, failure to maintain a single lane, operating an unregistered vehicle, and having taillights that did not work properly. Jones filed a motion for a new trial, which the trial court denied. On appeal, Jones challenges the sufficiency of the evidence, and he contends that the trial court erred by declining his request for a continuance and by admitting testimony by the victim that allegedly placed his character in issue. Jones further contends that his trial counsel was ineffective for failing to object when the victim testified about a prior incident when he attempted to commit suicide. For the reasons discussed below, we affirm.1

“Following a criminal conviction, the defendant is no longer presumed innocent, and we view the evidence in the light most favorable to sustain the verdict.” Anthony v. State, 317 Ga. App. 807 732 SE2d 845 2012. So viewed, the evidence showed that Jones was married to the victim and lived with her and her two children in Athens-Clarke County. On the afternoon of Labor Day, September 4, 2006, Jones and the victim’s daughter were in the family’s pool while the victim and her son performed yard work. Jones and the victim had been drinking beer that afternoon, but the victim was not intoxicated.

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