Biggins v. State

The defendant struck the victim on her head and a previously injured ear with a stereo speaker, resulting in stitches, a loss of hearing in that ear and the necessity of future surgery.

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Following a jury trial, Antonio Biggins was convicted on one count of family violence aggravated assault,1 one count of possession of a knife during the commission of a felony,2 and two counts of family violence aggravated battery.3 He appeals his convictions and the denial of his motion for new trial, arguing that the trial court erred in denying his motion for directed verdict of acquittal on one of the aggravated battery counts and that his trial counsel rendered ineffective assistance. For the reasons set forth below, we affirm. “On appeal, the standard of review for denial of a motion for directed verdict is the same as that for determining sufficiency of the evidence to support a conviction.” Punctuation omitted. Terry v. State .4 In reviewing the sufficiency of the evidence, we construe the evidence “in a light most favorable to the verdict, and Biggins no longer enjoys a presumption of innocence.” Punctuation omitted. Dennis v. State .5 We do not weigh the evidence or determine witness credibility, but only determine whether a rational trier of fact could have found the defendant guilty of the charged offenses beyond a reasonable doubt. Jackson v. Virginia .6

So viewed, the record shows that in December 2006, Biggins and his girlfriend, C. H., had been living together in C. H.’s home for nearly one year. During that time, the couple was involved in several fights, including one in which Biggins was convicted of battery after he struck C. H. in the ear with enough force to perforate her eardrum. On the evening of December 28, 2006, C. H. told Biggins that she wanted to end their relationship because of his repeated physical abuse of her. An argument ensued, and C. H. told Biggins to leave. Biggins responded that if he could not have C. H., then no one would. After Biggins left the house, C. H. went to bed.

Biggins v. State

The defendant struck the victim on her head and a previously injured ear with a stereo speaker, resulting in stitches, a loss of hearing in that ear and the necessity of future surgery.

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