Brian Alwin and co-defendants Mark Lewis Amacher and Ryan Davis Moose, were indicted by the Richmond County Grand Jury for conspiracy to commit insurance fraud, burglary, aggravated assault upon Christopher Allen Rabun, kidnaping of Rabun, criminal damage to property in the second degree, obstructing and hindering a person making emergency telephone calls, and battery of Stephanie Marie Smith. Prior to Alwin’s trial, both co-defendants entered guilty pleas. A jury found Alwin not guilty of conspiracy to commit insurance fraud and guilty on the remaining charges. Alwin appeals from the denial of his motion for new trial. Without challenging the sufficiency of the evidence, Alwin alleges error in that 1 the jurors which heard his case were in the courtroom during co-defendant Moose’s entry of a guilty plea, and 2 his counsel was ineffective for failing to seek a hearing under Jackson v. Denno , 378 U.S. 368 84 SC 1774, 12 LE2d 908 1964. Finding no error, we affirm. Viewed in the light most favorable to the jury’s verdict,1 the evidence shows that on the evening of May 22, 2001, Alwin, Amacher, and Moose visited several restaurants together. Throughout the evening, Amacher heard parts of conversations between Moose and Alwin in which they planned for Alwin to beat up Moose’s former roommate, Allen Rabun, in exchange for Moose stealing and blowing up Alwin’s truck so that Alwin could collect the insurance money. Rabun allegedly owed Moose money.
Later that evening, Alwin and Amacher went to the apartment Rabun shared with Stephanie Smith. Rabun answered the door and, upon recognizing Alwin and Amacher, allowed them into the apartment. Alwin attacked Rabun; placed him in a headlock, choking him; and dragged him outside. After Rabun lost consciousness, Alwin continued to hit Rabun in the back of the head. During the initial confrontation between Alwin and Rabun, Smith was in another room. However, upon hearing the commotion, she ran into the living room and saw Alwin slamming Rabun’s face into the closet door. Amacher pulled over the entertainment center, breaking the items inside. When Smith tried to make an emergency call for help, Amacher grabbed the telephone from her hand, pulled it from the wall, and threw it across the room. Amacher grabbed Smith and threw her across the room, causing her to hit her head on the couch.
