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Bee v. State

Given the victim's testimony, the defendant could not show prejudice from his trial counsel's alleged failure to sufficiently interview a witness before trial.

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Following a jury trial, Nora Isaac Bee, Jr. was convicted of two counts of violating a permanent protective order. Bee appeals the trial court’s denial of his motion for a new trial, alleging i that the trial court erred in failing to hold a hearing on a special demurrer challenging the sufficiency of the indictment and ii that his trial counsel was ineffective. We discern no error and affirm. On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence.1 So viewed, the record shows that the trial court issued a temporary protective order prohibiting Bee from approaching within 100 yards of his ex-wife and their minor daughter or to have any direct or indirect contact with his ex-wife. On March 10, 2005, as part of a custody order, the terms of that temporary protective order were made permanent.

Bee’s convictions for violating the protective order were based on two separate incidents. First, on October 30, 2006, Bee’s ex-wife and daughter were in the front yard of their home when Bee drove by with the car windows rolled down. Bee was honking the horn, hanging out of the car, and yelling. Then, in July or August 2006, Bee called his ex-wife’s parents and attempted to have them pass along a message to her.

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