Following a jury trial, Danyel Lature Smith was convicted of felony murder and aggravated battery in connection with the death of his son Chandler.1 Smith appeals, contending, among other things, that he received ineffective assistance of counsel, that the evidence presented at trial was insufficient to sustain his convictions, and that the trial court erred in its jury instructions and with respect to several evidentiary matters. Finding no error, we affirm. 1. Viewed in the light most favorable to the verdict, the evidence shows that on April 29, 2002, two-month-old Chandler was taken by his parents, Marsha Collins and Smith, to his pediatrician for a checkup. Following the checkup, Chandler was declared to be in good health. Chandler was then released from the doctor’s office and into his parents’ care. On the way home, the family stopped at a Quick Trip gas station. That afternoon, Collins left Chandler with Smith while she attended an appointment to apply for WIC public assistance. While Collins was at her appointment, she called Smith and told him to bring the baby to the WIC office. While Smith was en route to Collins’ location with Chandler, Collins called him again, and Smith told Collins that Chandler was not breathing. Smith arrived at the WIC office with Chandler, who was limp and cold and had blood running from his nose. Collins called 911, and emergency responders rushed Chandler to the emergency room. At the emergency room, Chandler’s heartbeat was restored, but he remained comatose, unresponsive, and unable to breathe on his own. A CT scan of Chandler’s brain revealed a skull fracture, a hematoma, and swelling of the brain. Based on the CT scan as well as Chandler’s broken wrists, retinal hemorrhages, and the quick onset of his symptoms, Chandler was diagnosed as a “shaken baby,” who had been subjected to vigorous shaking that was probably coupled with impact. Smith was the only person with Chandler during and immediately prior to the onset of symptoms. The nature of Chandler’s injuries did not indicate that they were self-inflicted, and the injuries were inconsistent with a simple fall or accidental trauma. After seven days in the hospital without any evidence of brain function, Chandler was removed from life support and died on May 6, 2002. A physical examination of Chandler’s body after his death revealed abdominal bruising that was consistent with the spacing of adult knuckles.
The evidence was sufficient to enable a rational jury to find Smith guilty beyond a reasonable doubt of all the offenses for which he was convicted. Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979; see also OCGA § 24-4-6 conviction based on circumstantial evidence authorized where the evidence “excludes every other reasonable hypothesis save that of the guilt of the accused”.
