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Robinson v. State

The pro se defendant raised his ineffective assistance of counsel claim at the earliest practicable moment in his appeal, since the trial court cut him off from making this argument when it mistakenly believed he was attempting to argue his own ineffectiveness.

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Following a jury trial, pro se defendant Courtney Anthony Robinson was convicted on one count of criminal attempt to commit arson,1 one count of terroristic threats,2 one count of criminal damage to property in the first degree,3 and one count of obstructing a law enforcement officer.4 He appeals his conviction and the denial of his motion for new trial, i challenging the sufficiency of the evidence and further arguing that trial court erred in ii improperly commenting on the evidence; iii allowing the State to withhold exculpatory evidence; iv failing to consider evidence of mental illness; v failing to adequately charge the jury; vi denying his general demurrer; and vii failing to find that he received ineffective assistance of counsel. For the reasons set forth below, we affirm Robinson’s conviction, but we vacate the denial of his motion for new trial with respect to his claim of ineffective assistance of counsel and remand the case to the trial court for a hearing on that claim. 1. Robinson first contends that the evidence was insufficient to support his conviction. We disagree.

“On appeal from a criminal conviction, the evidence must be construed in a light most favorable to the verdict, and Robinson no longer enjoys a presumption of innocence.” Punctuation omitted. Berry v. State .5 Additionally, when evaluating the sufficiency of the evidence to support a conviction, we do not weigh the evidence or determine witness credibility, but only determine whether a rational trier of fact could have found the defendant guilty of the charged offenses beyond a reasonable doubt. Jackson v. Virginia .6

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