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Cobb v. State

The trial court did not err in denying the defendant's motion to exclude evidence of a prior felony conviction, which the state used for impeachment purposes.

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Following a jury trial, Jodie Nichole Cobb appeals her conviction of aggravated assault,1 contending that the trial court erred by 1 denying her motion for mistrial based on a statement by a witness alleging that Cobb used illegal drugs, 2 denying her motion in limine to exclude evidence of a handgun found when she was arrested, and 3 denying her motion in limine to exclude evidence of her prior drug conviction. For the reasons that follow, we affirm. Construed in favor of the verdict,2 the evidence shows that late one night Cobb went uninvited to the residence of her former boyfriend, Shane Andrews, and knocked on the door. After Cobb identified herself, Andrews opened the door, and Cobb’s co-defendant who was standing out of sight produced a nine-millimeter handgun, pointing it at Andrews’s chest. Andrews grabbed the weapon, and as he struggled to slam the door, the gun fired, injuring Andrews’s hand.

Cobb and her co-defendant fled the scene as Andrews retreated back into his residence and told his mother to call the police. The police responded and took a statement from Andrews. Cobb and her co-defendant were located and arrested approximately 16 hours later, and they were charged with aggravated assault.3 A jury found them guilty, and, following the denial of her motion for new trial, Cobb filed this appeal.

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