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Braswell v. State

Defendant's convictions for aggravated assault and robbery did not merge because he stopped beating the victim before he stole the victim's wallet and ring.

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A Laurens County jury found Jeffery Lamar Braswell guilty of aggravated assault, robbery, and theft by taking-motor vehicle, which charges arose from a 1996 incident in which Braswell and his brother beat and kicked the victim, took the victim’s ring and wallet, and stole the victim’s 1994 Nissan Altima; as a result of the assault, the victim suffered three broken ribs, a punctured lung, and severe lacerations to the head. Braswell appeals, raising seven claims of error, including ineffective assistance of trial counsel. After review of the alleged errors, we affirm Braswell’s conviction.

1. Braswell challenges the sufficiency of the evidence as to the aggravated assault. He first claims that, because the victim’s testimony showed that Braswell’s brother beat the victim at the same time as Braswell, the evidence was insufficient to establish Braswell’s guilt of aggravated assault beyond a reasonable doubt. This contention is meritless. The evidence showed the victim was assaulted by the men as described in the indictment, making both Braswell and his brother responsible as parties to the crime regardless of which man struck which blow.1

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