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Lewis v. State

The state failed to prove that defendant's prior aggravated assault conviction in Tennessee was for conduct which would also constitute a felony in Georgia.

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Monoleto Lewis was indicted for aggravated assault and aggravated battery. Following a trial, a jury found him guilty of aggravated assault and simple battery, a lesser included offense of aggravated battery. On appeal, Lewis contends that the trial court erred in failing to direct a verdict on the aggravated assault charge. Lewis also asserts that the trial court erred in sentencing him as a recidivist. For reasons that follow, we affirm. 1. In his first enumeration of error, Lewis argues that the trial court erred in denying his motion for directed verdict “Due to the Insufficiency of the Evidence Presented at Trial.” In addressing this claim, “we view the evidence in the light most favorable to the jury’s verdict and determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.”1

Viewed in this light, the evidence shows that on February 28, 1998, Lewis learned that his aunt, Christine Tilman, had been involved in an automobile collision. Lewis and four of his male relatives drove to the scene of the collision. One of the men began yelling at Cheri Underwood, the driver of the car that caused the collision, and started throwing rocks at her car. Ms. Underwood called home, and her father, Alfred Hinkle, and her husband drove to the scene of the collision. After telling his daughter that the men would not bother her anymore, Hinkle and his son-in-law walked toward the men. Before Hinkle said a word to the men, Lewis punched him in the face, shattering his nose. The injury was so severe that Hinkle underwent surgery to reconstruct his nose using a bone graft from his skull.

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