Romel Manaois was convicted of aggravated assault based on evidence that he shot Tyler Stewart. Manaois was sentenced to 20 years, to serve 15 in confinement. Manaois appeals the order denying his motion for new trial, arguing that the state committed a Brady 1 violation by failing to disclose information about a missing witness; that the trial court abused its discretion in denying his motion for mistrial; that the court erred in finding that his trial counsel rendered effective assistance; and the evidence was insufficient to support the verdict. Finding no merit in Manaois’s claims, we affirm. 1. We first address Manaois’s contention that the evidence is insufficient to support his conviction. On appeal from a criminal conviction, the evidence must be construed in a light most favorable to the jury’s verdict, and the defendant no longer enjoys the presumption of innocence. This Court does not weigh the evidence or judge the credibility of the witnesses but only determines whether a rational trier of fact could have found the defendant guilty of the charged offense beyond a reasonable doubt.2 Viewed in a light most favorable to the verdict, the evidence shows that on September 30, 2007, Stewart, the victim, was working at La Fogata, a restaurant, when his friend “Nicole” came in with a swollen eye, crying. After determining that Manaois had ordered a third party to strike her, Stewart went outside and confronted Manaois, who was accompanied by two of “his boys.” After Manaois and Stewart stopped arguing, Manaois said, “What’s up now, partner” and shot Stewart with an automatic weapon. Stewart, who had been sitting on a concrete wall, stood up and asked Manaois, “Why you shoot me, man” Manaois pointed the gun at Stewart’s head and cocked it. Stewart said, “You already shot me, what you trying to do now, kill me” Manaois dropped the gun and took off running with his friends. According to Stewart, who was unarmed, Manaois put on gloves before the shooting. Stewart was in the hospital for a month afterward. He identified Manaois as the man who shot him.
Stewart testified that Steven Duckworth was present when he was shot. Duckworth testified that he witnessed the argument between Manaois and Stewart; that he saw Manaois put on gloves; and that he saw Manaois lift his shirt and display a gun. Duckworth testified that he did not want any trouble, so he walked away. He heard a gunshot and saw that Stewart had been shot.
