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Doomes v. State

The trial court erred in failing to limit the jury's consideration of aggravated assault to the specific method charged in defendant's indictment.

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Larry D. Doomes appeals his conviction and sentence for aggravated battery and aggravated assault. Doomes enumerates nine errors. 1. Doomes challenges the sufficiency of the evidence. We construe the evidence in a light most favorable to support the jury’s verdict to determine whether a rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Brooks v. State , 252 Ga. App. 389, 390 3 556 SE2d 484 2001.

So construed, the evidence shows that Doomes threatened to fight Larry Jackson about a past incident. A fight ensued, during which Doomes said, “I’m going to shoot you. I’m going to kill your ass when I get back.” Doomes then left the scene and got his .22 caliber pistol. When he returned to the scene of the fight, he ran toward Jackson and shot him once. Jackson was hit and fell, and Doomes said, “I told you I was going to shoot you. . . .” Next, Doomes kicked Jackson about 30 times, breaking his ankle, finger, and teeth. Four eyewitnesses testified that Doomes shot Jackson. There was some evidence that Jackson lost the use of his legs.

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