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Gordon v. State

Under the circumstances, the defendant could not show any reasonable probability that the result of his trial for aggravated battery and other crimes would have been different but for his trial counsel's alleged failures.

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On this out-of-time appeal from his conviction for aggravated battery and other crimes, Bertram Gordon argues that trial counsel was ineffective. We affirm.

“On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, with the defendant no longer enjoying a presumption of innocence.” Citation and punctuation omitted. Reese v. State, 270 Ga. App. 522, 523 607 SE2d 165 2004. We neither weigh the evidence nor judge the credibility of witnesses, but determine only whether, after viewing the evidence in the light most favorable to the prosecution, a “rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443 U. S. 307, 319 III B 99 SC 2781, 61 LE2d 560 1979.

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