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Hayles v. State

The defendant was not entitled to a jury charge on O.C.G.A. § 16-5-92-providing that ' "persons or employees of such persons lawfully engaged in bona fide business activity or lawfully engaged in the practice of a profession" ' cannot be convicted of aggravated stalking under that statute-since a court order barred him from returning to his girlfriend's home, where he committed the crimes.

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After a jury found Winston Hayles guilty of voluntary manslaughter, aggravated stalking and other crimes arising from the shooting death of a friend of his girlfriend, he was convicted and sentenced to 35 years to serve. On appeal, Hayles argues that the trial court erred when it charged the jury on voluntary manslaughter, aggravated stalking, and unjustifiable self-defense and when it admitted similar transaction evidence. Hayles also asserts that trial counsel was ineffective. We find no error and affirm. On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, with the defendant no longer enjoying a presumption of innocence. Reese v. State , 270 Ga. App. 522, 523 607 SE2d 165 2004. We neither weigh the evidence nor judge the credibility of witnesses, but determine only whether the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt. Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.

So viewed, the record shows that on June 6, 2005, Hayles was living with his girlfriend and her five children as well as his own four children when the girlfriend’s sixteen-year-old daughter reproached Hayles for hitting her mother. In the course of the altercation that followed, Hayles struck his girlfriend again and knocked the daughter unconscious with a gun. Hayles was arrested and charged with domestic battery, a condition of his bond being that he could not contact his girlfriend or go to her house, job, or school without a police escort.

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