A jury convicted Gerald Eugene Brockington of aggravated assault and aggravated battery, and the trial court sentenced him to serve an aggregate of 25 years in confinement followed by 15 years on probation. He contends on appeal that the trial court erred in imposing separate sentences for each count, arguing that the offenses merged as a matter of law and fact. He also asserts his trial counsel was ineffective for not objecting to certain testimony from two health care professionals. We find no error, and affirm the convictions. Viewed in the light most favorable to the verdict, the evidence showed that the victim lived with Brockington, who became angry with her on December 25, 2008 because he did not like his Christmas presents. When she tried to leave, Brockington jumped on her car and began hitting it with a hammer. The victim backed her car into the street but Brockington shoved the victim over, jumped into the drivers seat, and pulled the car back into the driveway. The couple went back inside and when the victim resisted going upstairs with him, Brockington struck her on her leg with the hammer. Her leg went numb and she could not get up but tried to comply with Brockington’s demands. The victim remembered that as she crawled up the stairs, Brockington was behind her with the hammer. The next thing she remembered was seeing the shower floor, then being in her car dressed in different clothing, then talking to the police and being in the ambulance. Evidence technicians testified that someone apparently had attempted to clean the carpet on the landing of the stairs, but when they pulled it up, blood had soaked through the carpet pad beneath and into the wood flooring.
Meanwhile, Brockington’s mother, who was present the whole time, had called 911 but Brockington grabbed the phone and hung up. The 911 operator called back and Brockington answered to say there was no problem, but the operator heard a voice in the background saying, “I can’t get up,” and dispatched the police. An officer responded to a possible domestic disturbance and found Brockington and the victim in her car in the driveway. Brockington got out and said the victim had fallen, but the victim did not respond to the officer’s questions about what had happened other than to say she had fallen, she was dizzy, her head hurt, and she wanted to go to the hospital.
