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Burnette v. State

The trial court did not abuse its discretion in denying defense counsel's post charge conference motion to reopen the defense's case so that the defendant could testify on the issue of self-defense.

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Jeanette Denise Burnette was convicted of aggravated assault and criminal trespass and was sentenced to fourteen years and twelve months, consisting of four years to serve and ten years on probation. On appeal, Burnette contends that the trial court erred by denying her claim of ineffective assistance of counsel, by refusing to charge the jury on self-defense, and by denying her motion to reopen the evidence. We affirm. On appeal from a criminal conviction, the defendant no longer enjoys a presumption of innocence.1 The evidence is viewed in a light most favorable to the jury’s verdict.2 We do not weigh the evidence or resolve issues of witness credibility, but merely determine whether the evidence was sufficient to find the defendant guilty of the crimes charged beyond a reasonable doubt.3

So viewed, the evidence shows that Burnette was Gerry Wayne Rouse’s live-in girlfriend. Rouse was separated from his wife, Betty J. Rouse. On May 21, 2006, Ms. Rouse went to her husband’s house. She testified that he did not want her inside the house, although he denied that anyone else was there. The two of them went outside and talked for 15 to 20 minutes. Ms. Rouse was sitting in her car. Then Burnette came outside with a pipe in her hand, threatening Ms. Rouse. Rouse tried to get the pipe away from Burnette, but she grabbed it from him, swung it against the car window, which shattered the glass, and then struck Ms. Rouse in the head. Ms. Rouse suffered a broken jaw bone, requiring surgery; a gash in her temple that needed stitches; a permanent scar; and a blood spot in her eye that was visible at the time of trial, nearly a year later.

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