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Perez v. State

Aggravated assault conviction reversed, since the victim was dead, when the defendant inflicted a superficial chest wound upon her.

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Defendant Alvaro Antonio Perez was convicted of malice murder, aggravated assault and possession of a knife during the commission of a felony.1 On appeal, he asserts trial counsel was ineffective because he selected a counselor, instead of a psychologist or psychiatrist, to testify at trial in support of his insanity defense. He also asserts that the aggravated assault conviction should be vacated because it merged with the conviction for malice murder. We do not find ineffective assistance of counsel. We do find, however, that the evidence was insufficient to prove Perez guilty of aggravated assault beyond a reasonable doubt. Perez became romantically involved with Nidia Laverde in the fall of 2000; the couple planned to be married in February 2001. However, Laverde became unhappy with Perez and called off the wedding. On February 27, 2001, Perez went to Laverde’s house. He argued with Laverde, took a knife from the kitchen, and fatally stabbed her. Fleeing the scene in Laverde’s car, which he wrecked a short distance away, Perez went to a nearby department store where he purchased, and changed into, a new set of clothes. Perez then went to a bar, quaffed six beers, and called 911, reporting that he had just killed Laverde.

The police apprehended Perez and took him to Laverde’s house. They found Laverde’s body with a five-inch knife blade embedded in her neck, just above the sternum. She also had other stab wounds on her neck and chest, some of which were made by another knife recovered from the scene.

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