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Bray v. State

Trial counsel was not deficient for failing to object when a detective identified the defendant at trial, since the defendant's identification was not at issue.

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A jury convicted John Anthony Bray of aggravated stalking and burglary. On appeal, Bray argues that the evidence was insufficient to sustain his conviction and that his trial counsel rendered ineffective assistance. We discern no error and affirm. On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict to determine only whether the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offenses beyond a reasonable doubt. Kennedy v. State , 279 Ga. App. 415 631 SE2d 462 2006. We do not weigh the evidence or assess witness credibility, a task which lies exclusively within the province of the jury. Id.

So viewed, the evidence adduced a trial showed that at approximately 1:30 a.m. on the night in question, after drinking in a bar for nearly eight hours, Bray entered uninvited into the residence of his ex-wife. After kicking open the bedroom door where his ex-wife was asleep with her boyfriend, Bray laid across the victims’ bodies, grabbed both of their throats, and threatened that, “If I ever catch you the boyfriend in this house again you’re a dead man.” Bray’s conduct directly violated the terms of a special condition of bond that had been issued in a previous case, which required that he “stay away, absolutely, directly or indirectly” from his ex-wife.1

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