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Jones v. State

Defense counsel was not deficient for failing to call a witness who would not have helped the defense.

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Following a jury trial, Claude Steven Jones, Jr. was convicted of aggravated assault, burglary, and possession of a firearm during the commission of a felony. Jones appeals, claiming that the trial court erred in i admitting an unedited videotape of his post-arrest statement to police, ii preventing his trial counsel from making a proper argument in closing, and iii denying his motion for new trial based upon alleged ineffective assistance of counsel. We find no error and affirm. On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence.1 We do not weigh the evidence or determine the credibility of witnesses, but only determine if the evidence is sufficient for a rational trier of fact to find the defendant guilty of the charged offenses beyond a reasonable doubt.2

So viewed, the evidence shows that shortly after midnight on July 10, 2006, Jones broke several windows of the house being shared by his estranged wife and her friend Billy Bromell. After Bromell confronted him, Jones fled.

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