Shafer v. State

The trial court harmlessly erred in allowing a sheriff's deputy to testify that the defendant's string of threatening phone messages to his mother-in-law amounted to aggravated stalking in violation of a temporary protective order, since the defendant admitted that he left the threatening messages.

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A Catoosa County jury convicted Rex B. Shafer of two counts of aggravated stalking. On appeal from the denial of his amended motion for new trial, Shafer contends that the trial court erred by allowing a state witness to testify on the ultimate issue and by allowing the state to introduce a letter allegedly written by Shafer without proper authentication. Shafer further contends that he received ineffective assistance from his trial counsel. For the reasons discussed below, we affirm. On appeal of a criminal conviction, we view the evidence in the light most favorable to the verdict. See Short v. State , 234 Ga. App. 633, 634 1 507 SE2d 514 1998. So viewed, the evidence adduced at trial reflects the following. The victim in this case is Shafer’s mother-in law. In March 1999, the victim was given temporary custody and control of Shafer’s minor son, who was then thirteen weeks old. After Shafer subsequently threatened the victim on several occasions and attempted to visit his son at daycare without the victim’s knowledge or consent, the victim obtained a temporary protective order prohibiting Shafer from harassing or threatening his son or the victim. The protective order was entered on June 7, 2000.

On June 13, 2000, Shafer left a message on the victim’s answering machine stating, “Thought I’d let you know, bitch, I’m comin’ to get him. I am fing coming to get him. You can count on it. And I’m gonna whup your fing brains in, whore.” Thereafter, on June 18, 2000, Shafer left five more answering machine messages stating, among other things, “You got my kid, I’m gonna beat your brains in whore . . . . Cause I’m gonna hurt you bitch. I’m gonna hurt you bad.” According to the victim, the messages caused her to panic and made her afraid that Shafer was going to kidnap his son from her and hurt or kill her in the process.

Shafer v. State

The trial court harmlessly erred in allowing a sheriff's deputy to testify that the defendant's string of threatening phone messages to his mother-in-law amounted to aggravated stalking in violation of a temporary protective order, since the defendant admitted that he left the threatening messages.

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