Wright v. State

The trial court properly admitted evidence of a similar transaction concerning the 5-year-old victim's infant brother, who suffered a black eye and cut lip, since the injuries occurred while the infant was in the defendant's care and the injuries were on similar parts of the body as the victim's injuries.

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Appellant Christopher Wright appeals his conviction for malice murder, felony murder, and cruelty to children arising from the death of his stepdaughter, five-year-old India Barrow.1 At trial, it was shown that on the night of February 9, 2004, the mother left the victim and her infant half-brother in the care of appellant. Appellant made statements to police that he tried to feed the victim dinner, but she spit up her food and so he “popped” her twice. At trial, appellant further testified that after he “popped” the victim, he shook her and, while shaking her, her head hit the railing of her bunk bed. Appellant then put the child to bed. When the mother returned home, appellant dissuaded her from checking on the children, saying he would do it, and so she went to bed without looking in on the victim. The next morning, appellant went into the victim’s room and started yelling her name. When the mother saw the child in appellant’s arms, the victim was in a comatose state and so 911 was called. On February 10, 2004, the victim was admitted to the hospital, comatose and in critical condition, suffering from massive head injuries and intra-cranial bleeding such that she was immediately placed on life-support. The victim died of her injuries on February 15, 2004. Hospital authorities concluded the victim’s injuries were consistent with abuse.2 Appellant now appeals his conviction, challenging the trial court’s admission of certain evidence and alleging he received ineffective assistance of counsel. For the reasons set forth below, we affirm.

1. The evidence adduced at trial and summarized above was sufficient to authorize a rational trier of fact to find appellant guilty beyond a reasonable doubt of malice murder and cruelty to children. OCGA §16-5-70 b; Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979.

Wright v. State

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