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Coats v. State

The trial court did not err in not granting a continuance for the defendant to find replacement counsel for his court-appointed counsel, because the defendant abandoned his motion and failed to exercise due diligence in attempting to locate and hire replacement counsel.

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Randy Steve Coats appeals the denial of his motion for new trial following his convictions for aggravated assault, making terroristic threats, and cruelty to children in the third degree. Coats contends that there was insufficient evidence that the crimes were committed on the date alleged in the indictment, and that the trial court erred in denying his motion for a continuance and in finding that he received effective assistance from his trial counsel. For the following reasons, we affirm. On appeal from a criminal conviction, the evidence must be viewed in the light most favorable to support the jury’s verdict. Rouse v. State , 290 StateplaceGa. App. 740 660 SE2d 476 2008. So viewed, the evidence showed that Coats lived with his wife and three stepchildren. On the night in question, one of Coats’s stepsons was watching television in the living room with a friend who was spending the night. Coats’s other two stepchildren were asleep in their respective bedrooms.

Around 2:00 or 3:00 a.m., Coats suddenly came into the living room and began yelling at his stepson for watching television. Banging on the walls and screaming for everyone in the house to wake up, Coats then headed back down the hallway to the bedroom he shared with his wife. Because of the noise, Coats’s other two stepchildren were awakened and came out of their bedrooms to see what was going on.

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