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Oliver v. State

The defendant struck the victim with a stick or piece of wood and, either he or one of his co-defendants struck the victim with fists and a concrete block.

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A Screven County jury found Monroe Oliver guilty of aggravated assault, OCGA § 16-5-1. Oliver appeals from the denial of his motion for new trial, contending he received ineffective assistance of counsel, that the evidence adduced was insufficient to support his conviction, and that the verdict was inconsistent with the crime as charged in the indictment. Finding no reversible error, we affirm. 1. Oliver challenges the sufficiency of the evidence, arguing that the victim’s testimony lacked credibility and that several of the State’s witnesses made inconsistent statements. He also contends the evidence adduced was insufficient because it did not establish that he committed the aggravated assault as set out in the indictment.

When a criminal defendant challenges the sufficiency of the evidence supporting his conviction, “the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Citation omitted; emphasis in original. Jackson v. Virginia , 443 U. S. 307, 319 III B 99 SC 2781, 61 LE2d 560 1979. The jury, not this Court, resolves conflicts in the testimony, weighs the evidence, and draws reasonable inferences from basic facts to ultimate facts. Id at 318-19 III B. “As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, the jury’s verdict will be upheld.” Citation and punctuation omitted. Miller v. State , 273 Ga. 831, 832 546 SE2d 524 2001. Viewed in this light, the record reveals the following facts.

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