Timothy Jamal Henderson was indicted by a Gwinnett County grand jury for armed robbery, aggravated assault, possession of a firearm by a convicted felon, and two counts of possession of a firearm during the commission of a felony. A jury acquitted him of armed robbery and one count of possession of a firearm during the commission of a felony, while finding him guilty of aggravated assault, one count of possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon. Henderson’s amended motion for new trial was denied, and he appeals. Finding no error, we affirm. 1. In three enumerations of error, Henderson complains of ineffective assistance of trial counsel. In order to establish ineffectiveness of trial counsel, appellant must show both that counsel’s performance was deficient and that the deficient performance prejudiced the defense. There is a strong presumption that the performance of trial counsel falls within the wide range of reasonable professional assistance. The reasonableness of the conduct is viewed at the time of trial and under the circumstances of the case. In reviewing a lower court’s determination of a claim of ineffective assistance of counsel, we give deference to the trial court’s factual findings, which are upheld on appeal unless clearly erroneous; however, we review the lower court’s legal conclusions de novo. Citations and punctuation omitted. Williams v. State , 277 Ga. 853, 857 6 596 SE2d 597 2004.
a Henderson complains that his trial counsel failed to object to an answer given by an investigating officer during cross-examination. Henderson’s trial counsel questioned the officer regarding physical evidence that was recovered at the scene, including a bullet, shell casings, a live round and a holster. Referring to a bullet that was recovered from the carpet, trial counsel asked, “Do you have any information that returns to Mr. Henderson with regard to that bullet I mean you don’t have anything that puts him in ever being in possession of it, do you” The officer responded, “Other than the witness statements, no —or the victim’s statement, no.” Counsel asked, “Okay. No physical evidence, though” and the officer responded. “Correct.” Trial counsel went on to establish that nothing linked Mr. Henderson to the live round, the two shell casings, or the holster.
