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Armstrong v. State

After defense counsel expressed concern that one of the jurors appeared to be sleeping, the trial court did not abuse its discretion in reminding jurors of the importance of staying awake and instituting a "buddy system" for jurors to help each other stay awake, rather than questioning the juror and replacing him with an alternate.

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After a jury trial, Dexter Otis Armstrong was convicted of seven counts of aggravated assault OCGA § 16-5-21 a 1.1 He appeals from those convictions and from the denial of his motion for new trial, arguing that the trial court erred in failing to give requested jury instructions, in allowing a witness to give improper character evidence, and in failing to replace a sleeping juror with an alternate juror. He also challenges the sufficiency of the evidence and contends that his trial counsel rendered ineffective assistance. Armstrong further argues that he should be acquitted because he was not tried within two terms of court despite his demand for a speedy trial. Finding no reversible error, we affirm.

“On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict.” Citation and punctuation omitted. Moore v. State, 319 Ga. App. 696 738 SE2d 140 2013. See also Jackson v. Virginia, 443 U. S. 307 99 SCt 2781, 61 LE2d 560 1979. So viewed, the evidence shows that on October 19, 2008, an armed man, later identified as Gary Mathis, entered the Thai Video store in Riverdale where Steven Ratsamy, Kelly Babb, Bounmy Kong, Mose Brown, Maceo Hill, and another man, known as Anthony, were playing poker and watching television. Mathis pointed his gun at the men and yelled “ATF, get on the ground.” Believing the store was being raided by the government, the customers got down on the floor. A shot was then heard throughout the store, and it was later discovered that the store’s owner had been shot.

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