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Mahan v. State

The evidence supported the defendant's conviction for the aggravated assault of his girlfriend's 8-month-old son.

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A jury found Isaiah Mahan guilty of aggravated assault against Trevioun Holmes, his girlfriend’s infant son.1 Mahan appeals, challenging the sufficiency of the evidence and arguing that he received ineffective assistance of counsel. Finding no error, we affirm. “On appeal from a criminal conviction, we view the evidence in a light most favorable to the verdict, and the defendant no longer enjoys a presumption of innocence.”2 We do not weigh the evidence or evaluate the credibility of witnesses, but rather “determine whether the evidence is sufficient to prove guilt beyond a reasonable doubt.”3 Viewed in this light, the evidence shows that on December 10, 2002, Mahan and Trevioun’s mother, Meoshia Holmes, spent the day with Trevioun, who was eight months old. The child had been sleeping more than usual because he had a cold and an ear infection but was otherwise behaving normally. At approximately 5:30 p.m., Meoshia and Mahan’s sister, Allicia, left their children in Mahan’s care while they went on an errand. Allicia’s two children were four and five years old.

When the two women returned at approximately 8:30 p.m., Trevioun was asleep. Mahan and Allicia’s two children were the only other people present. Allicia noticed that Trevioun was making “funny noises” and clenching his fists. Meoshia attempted to wake the child, but he was lethargic, his eyes would not stay open and he could not keep his head raised. Emergency personnel called to the scene took Trevioun to the hospital.

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