Tekayo Spencer was found guilty by a jury of aggravated battery Count 1, aggravated assault Count 2, possession of a firearm during the commission of aggravated battery Count 3, possession of a firearm during the commission of aggravated assault Count 4, and obstruction Count 5. At sentencing, Counts 2 and 4 were merged into Counts 1 and 3, respectively; and Spencer was sentenced to twenty years in confinement on Count 1; five years probation on Count 3, to be served consecutively with Count 1; and twelve months in confinement on Count 5, to be served concurrently with Count 1. Following a hearing, the trial court denied Spencer’s motion for new trial. Spencer appeals,1 asserting that because the state failed to meet its disclosure obligations under OCGA § 17-16-4, the trial court erred in admitting testimony of a statement Spencer allegedly made while in custody; and that Spencer received ineffective assistance of counsel at trial. We conclude that no reversible error occurred, and we affirm Spencer’s convictions. On appellate review of a criminal conviction following a jury trial, the evidence is viewed in a light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence.2 The appellate court does not weigh the evidence or determine witness credibility, but only determines if the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt.3
Viewed in the proper light, the evidence shows that on July 7, 2004, Spencer approached the victim, Jamel Kimble, and shot him in the ear with a small revolver, at close range. Although Kimble was seriously wounded, he survived his injuries and identified Spencer as his attacker in a photographic line-up conducted shortly after the shooting. Later, at trial, Kimble testified that he was standing on a street corner when a blue Chevrolet Caprice pulled up to him; that Spencer was in the car along with Spencer’s two brothers and a man from the neighborhood named Vincent; and that Spencer got out of the car and shot Kimble. Kimble further testified that he had known Spencer for several years and that he had lived in Spencer’s house for a month prior to the shooting. Kimble identified Spencer in court as his assailant.
