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Alexander v. State

O.C.G.A. § 15-12-163 b 4 requires the state to determine whether the accused is related to any potential juror and § 15-12-164 a 2 requires jurors to be asked whether they have any prejudice or bias towards the accused.

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A jury found Clifford Alexander, Jr., guilty of aggravated assault. On appeal, Alexander challenges the sufficiency of the evidence. Alexander also contends that the trial court erred in failing to declare a mistrial after the prosecutor identified him to jurors during voir dire. Finding Alexander’s contentions meritless, we affirm. 1. On appeal, Alexander no longer enjoys a presumption of innocence, and we construe the evidence, and all reasonable inferences therefrom, in a light most favorable to the jury’s verdict.1 We neither weigh the evidence nor assess witness credibility, but merely ensure that the evidence was sufficient to enable a rational trier of fact to find each element of the crime charged beyond a reasonable doubt.2

Viewed in this light, the evidence shows that on April 14, 2001, Greg Robinson and his sister, Tori Coston, went to see their sister, Brenda Atkins. Alexander, who was Atkins’ boyfriend, also was present. According to Robinson, Alexander appeared “heavily intoxicated.” Following an argument between Robinson and Atkins, Alexander pushed Robinson to the ground. When Robinson stood up, Alexander pointed a gun in his face. Robinson immediately turned and ran, and Alexander began firing the gun, striking Robinson in the side.

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