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Bacchus v. State

The defendant waived his sole enumeration of error—that defense counsel rendered ineffective assistance—by choosing to pursue this appeal with the same attorney who defended him at trial.

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Following a trial by jury, Johnathan Bacchus was convicted on multiple counts of rape, child molestation, incest, and cruelty to children in the first degree for acts perpetrated against his daughters. Bacchus appeals his convictions, arguing that his trial counsel rendered ineffective assistance by failing to make certain objections at trial. But for the reasons set forth infra, Bacchus has waived his ineffective-assistance arguments and, accordingly, we affirm his convictions.

The record reflects that Bacchus was represented at trial by Anton Rowe, the same attorney who represents Bacchus on appeal. Following conviction, Rowe initially filed a motion for new trial on Bacchus’s behalf but reserved the right to obtain new counsel and amend the motion. Thereafter, an entry of appearance and amended motion for new trial were filed by attorney Michael Sheridan. The amended motion for new trial added an argument that Bacchus’s trial counsel Rowe rendered ineffective assistance.

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