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Potter v. State

Defendant's convictions for felony murder and a firearms offense are reaffirmed as the evidence supported the trial court's determination that defendant's ineffective assistance of counsel claim was meritless.

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In Potter v. State, 272 Ga. 430 530 SE2d 275 2000, we affirmed appellant Al Maynard Potter’s convictions for felony murder and possession of a firearm by a convicted felon, and remanded the case to the trial court for consideration of the issue of ineffective assistance of trial counsel.1 The trial court held an evidentiary hearing on the remanded issue and entered an order denying appellant’s motion for new trial based on ineffective assistance of counsel. This appeal is from that order.

In order to prevail on a claim of ineffective assistance of counsel, a criminal defendant must show that counsel’s performance was deficient and that the deficient performance so prejudiced the client that there is a reasonable likelihood that, but for counsel’s errors, the outcome of the trial would have been different. Strickland v. Washington, 466 U.S. 668 104 SC 2052, 80 LE2d 674 1984; Smith v. Francis, 253 Ga. 782 1 325 SE2d 362 1985. The criminal defendant must overcome the strong presumption that trial counsel’s conduct falls within the broad range of reasonable professional conduct. Mobley v. State, 271 Ga. 577 523 SE2d 9 1999. The trial court’s determination with respect to effective assistance of counsel will be affirmed unless the trial court’s findings are clearly erroneous. Johnson v. State, 266 Ga. 380, 383 467 SE2d 542 1996.

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