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Christopher v. State

The defendant could not show prejudice from any deficiency in his trial counsel's performance because the defendant admitted that he was at the scene of the shooting and fired his gun, and four eyewitnesses testified that he shot the victim.

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Virgil Christopher appeals his aggravated assault conviction. He argues that trial counsel was ineffective, primarily for failing to make several objections to the state’s closing argument. Christopher has not shown both that counsel’s performance was deficient and that there is a reasonable probability that any deficiency changed the outcome of the trial. We therefore affirm Christopher’s conviction. Construed to support the verdict, the evidence shows that after Christopher and his girlfriend, Coleshia Jones, argued, he took a red Chevrolet Impala she had rented. When they met later on so that Christopher could return the car, they argued again; Jones kicked Christopher, and he hit her in the eye. He apologized, and they went to lunch. During the drive to the restaurant, Jones saw that Christopher had a gun.

Jones’s brother and cousins, including the victim, Eli Jones, were angry that Christopher had hit Jones. They urged her to press charges, but she refused. That afternoon, the brother and cousins, along with a friend, were driving around and saw Christopher; all but one of them got out of the vehicle and confronted Christopher. Christopher pulled out his gun, and the men left.

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