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Howard v. State

The trial court did not abuse its discretion in requiring defendant to proceed to trial with his original retained counsel.

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After a joint trial with co-defendant Tycion London, a Fulton County jury convicted James Carey Howard of burglary, OCGA § 16-7-1 a; two counts of false imprisonment, OCGA § 16-5-41a; and two counts of simple battery, OCGA § 16-5-23 a.1 A third co-defendant, Laveal Lamar Jones, pled guilty before trial and testified against London and Howard. Howard contends he was denied the effective assistance of counsel; the trial court erred in denying his motion for severance; the evidence was insufficient to support his conviction; and his constitutional rights were violated. Finding no error, we affirm.

1. In addressing Howard’s contentions that the evidence was insufficient and that he was entitled to a directed verdict of acquittal, this Court uses the same standard of review, that is, whether the evidence presented was sufficient for a rational factfinder to find the defendant guilty of the crimes charges beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979; Lane v. State, 248 Ga. App. 470, 471 1 545 SE2d 665 2001. In making this determination, we do not weigh the evidence or determine witness credibility, and we view the evidence in the light most favorable to the verdict. Lane v. State, 248 Ga. App. at 471 1. Moreover, Howard no longer enjoys the presumption of innocence. Id.

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