This is the second appearance of this case in this Court. Previously, we affirmed defendant’s conviction and remanded with direction for the trial court to consider defendant’s claims of ineffective assistance of counsel. Hung v. State , 282 Ga. 684 653 SE2d 48 2007. Following a hearing, the trial court denied defendant’s ineffective assistance claims. This appeal followed. After reviewing defendant’s claims, we affirm. Pursuant to Strickland v. Washington , 466 U.668, 687 III 104 SC 2052, 80 LE2d 674 1984 and Smith v. Francis , 253 Ga. 782, 783-784 1 325 SE2d 362 1985: To succeed on an ineffective assistance of trial counsel claim, defendant must show that his trial counsel rendered constitutionally-deficient performance and that actual prejudice of constitutional proportions resulted. To show sufficient prejudice, defendant must show that there is a reasonable probability i.e., a probability sufficient to undermine confidence in the outcome that, but for counsel’s unprofessional errors, the result of the proceeding would have been different. Citation and punctuation omitted. Hall v. Brannan , 2008 Ga. LEXIS 871, 3-4 Ga. Nov. 3, 2008.
1. In his first enumeration of error, defendant asserts trial counsel rendered ineffective assistance because she failed to make a written request to charge on the lesser included offense of voluntary manslaughter. We disagree. If the asserted error of failure to charge the jury on the principle of voluntary manslaughter is properly preserved at the trial level and presented on appeal the question for the appellate court is whether there is any evidence of voluntary manslaughter. Cit. That is not the test when a challenge to a conviction is based on ineffective assistance of counsel indirectly raising the question whether it was error not to charge voluntary manslaughter. When the asserted error of failure to charge voluntary manslaughter is one step removed through the vehicle of a claim of ineffective assistance of counsel the test is whether, absent the error of counsel, there is a reasonable probability the jury would have reached a verdict of guilty of voluntary manslaughter. When reached directly the test is the any evidence rule. When reached indirectly through a claim of ineffective assistance of counsel the test is reasonable probability. Wadley v. State , 258 Ga. 465, 466 2 369 SE2d 734 1988.
