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Sanders v. State

Trial counsel was not deficient for failing to discover that the aggravated assault victim would testify at trial that the gun went off accidentally since the defendant had insisted that he was not present at the time of the shooting and had opted to present an alibi defense.

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A Cobb County jury convicted Richard Eugene Sanders of aggravated assault, OCGA § 16-5-21; and two counts of possession of a firearm by a felon, OCGA §16-11-131. Following the denial of his motion for new trial, Sanders appeals, contending he was denied effective assistance of counsel. Finding no error, we affirm.

In order to establish ineffectiveness of trial counsel under Strickland v. Washington, 466 U. S. 668, 687 104 SC 2052, 80 LE2d 674 1984, Sanders must show both that counsel’s performance was deficient and that the deficient performance prejudiced the defense. Unless a defendant makes both showings, it cannot be said that the conviction resulted from a breakdown in the adversary process that renders the result unreliable.

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