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Davis v. State

It was the jury's responsibility to resolve any conflict in the evidence and to assess the credibility of the defendant and his alibi witness.

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A Muscogee County jury convicted Prince Davis, Jr. of one count of aggravated assault OCGA § 16-5-21 and one count of possession of a firearm during the commission of a crime OCGA § 16-11-106. He was sentenced consecutively as a recidivist to twenty years confinement to serve seven years, the remainder probated, and five years confinement, respectively. Davis appeals from the denial of his motion for new trial, as amended, challenging the sufficiency of the evidence and the effectiveness of trial counsel. Finding no error, we affirm. Viewed in the light most favorable to the verdict, the evidence shows that Barbara Johnson was visiting Carrie Inez Epps, a friend, at a Columbus area trailer park at approximately 7:00 p.m., on March 14, 2001. Johnson had earlier ended a relationship with defendant Davis, among other things, because she was married. As Johnson prepared to drive home, Davis stepped out from behind a tree and attempted to get into her locked car. Unsuccessful and with Epps watching from her front door, Davis fired a pistol through the driver’s window and ordered Johnson out of the vehicle. Davis fired his gun a second time into the dirt as Johnson got out. He then pointed his weapon at Johnson and fired a third time. This time the weapon jammed. Police later arrested Davis on a warrant for his arrest.

Davis testified, denying involvement in the crimes upon the alibi that he was then in Alabama visiting a girlfriend. Sandra Jackson-Gary, Davis’ girlfriend at the time of trial, corroborated this testimony, indicating that she had spoken to him by telephone in Alabama at approximately 8:30 p.m. on the evening in issue.

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