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Sabbs v. State

The evidence, though circumstantial, supported a finding that defendant caused his 6-month-old child cruel or excessive pain by squeezing the child hard enough to cause serious internal injuries.

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Mitchell Sabbs was found guilty by a jury of three counts of cruelty to his six-month-old child. He appeals from the judgment of conviction entered on the guilty verdicts claiming that the evidence was insufficient to support the verdicts and that his trial counsel was ineffective for failing to object to improper closing argument by the prosecutor. We find the evidence was sufficient to support all three guilty verdicts and that, even if trial counsel was deficient in failing to object, Sabbs failed to prove that this failure was so prejudicial to his defense that the conviction should be reversed.

1. The evidence was sufficient to support the guilty verdicts. In the three counts at issue, Sabbs was charged pursuant to OCGA § 16-5-70 with causing the child cruel or excessive physical or mental pain by: 1 failing to seek medical treatment for the child’s fractured arms; 2 squeezing the child hard enough to leave bruising on the child’s abdomen and cause internal injuries; and 3 failing to seek medical treatment for the child’s abdominal injuries.

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