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Boyd v. State

The defendant threatened and slapped the 16-year-old victim, while he repeated attempted to penetrate her and the victim's mother testified that her residence, where the crimes took place, is in Peach county.

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Following a jury trial, James Edward Boyd appeals his conviction on two counts of aggravated assault1 and on one count of false imprisonment,2 arguing that i the evidence was insufficient as to venue and as to one of the aggravated-assault counts, ii the two aggravated-assault counts should have merged, iii the court failed to instruct the jury on hands as deadly weapons, iv the prosecutor improperly expressed a personal belief in a witness’s veracity during closing argument, and v Boyd received ineffective assistance of counsel. Discerning no error, we affirm. 1. When reviewing the sufficiency of the evidence, we view the evidence in the light most favorable to the jury’s verdict, and the defendant no longer enjoys the presumption of innocence. Short v. State .3 We do not weigh the evidence or determine witness credibility, but only determine if the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt. Jackson v. Virginia .4

So viewed, the evidence shows that Boyd lived with a woman whose 16-year-old daughter also lived at the residence. At 6:30 a.m. one morning after the mother had left for work, Boyd entered the daughter’s bedroom and, placing his hand on the daughter’s mouth while she lay in bed, forced her to turn over onto her back. He forcibly removed her clothes and threatened her that he would “pop her neck” if she did not open her legs. He then tried to insert his private into her private but was unsuccessful. Frustrated, he slapped her face twice and tried again, but to no avail. He took her to the hallway, demanded that she keep her legs open, and then returned her to the bedroom, where he once again unsuccessfully tried to penetrate her.

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