Appellant Quincy Ballard appeals from the judgment of conviction entered on a jury verdict finding him guilty of malice murder and aggravated assault.1 In his sole enumerated error, appellant contends he was not afforded his constitutional right to effective assistance of counsel. For the reasons stated below, we affirm. 1. On June 26, 2004, Quinton Kelley drove appellant to a Henry County private residence where alcohol and drugs were known to be sold.2 Appellant entered the house and fatally shot Jeffrey Smith and twice shot Willie Moreland, seriously wounding him. Appellant ran out of the house, got back into the car with Kelley and drove away. Two eyewitnesses identified appellant as the shooter. The evidence adduced at trial was sufficient to authorize a rational trier of fact to find appellant guilty beyond a reasonable doubt of the malice murder of Jeffrey Smith and the aggravated assault of Willie Moreland. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979.
2. Sometime after the shooting, Quinton Kelley was taken into custody in Atlanta and Henry County authorities drove him back to Henry County. During the ride, a tape player was recording Kelley’s conversations with lead detective Barry Yarian. At trial, Yarian testified that he threw away the tape because it was of poor quality and because Kelley made untrue statements concerning his activities in Atlanta. Yarian also stated that the tape did not contain evidence concerning the charges against appellant. Kelley testified that he asked Yarian to destroy the tape because of the untrue statements he made. Appellant alleges his trial counsel was ineffective for failing to move to dismiss the indictment on the basis that his due process rights were violated when the tape, possibly containing exculpatory evidence, was destroyed.
