Avery v. State

Quinton Avery was convicted by a jury of the offenses of aggravated assault, violation of OCGA § 16-11-106, and armed robbery. Avery appeals from the denial of his motion for new trial. Without challenging the sufficiency of the evidence, Avery raises four enumerations of error.

At trial, the evidence showed the following: On March 22, 1995, Elijah Lofton was visiting relatives in Bowen Homes. Lofton left his relatives’ home between 10:30 and 11:00 p.m. As he was walking to his car, Lofton was approached by Avery and Spencer Compton Fluellen “Compton”. Lofton testified that the area was well lit and that he recognized both men. Lofton further testified that he had known both men for at least eight to ten years. When the two men were three to five feet from him, Lofton testified that he noticed that Avery was carrying a semi-automatic handgun. Lofton testified that he asked the two men, “What’s up.” As Lofton turned to face Compton, Avery raised the gun and pointed it at Lofton’s left leg and fired a shot. The bullet shattered Lofton’s leg just above his left knee. After being shot, Lofton was standing on his right leg. Lofton testified that Compton circled behind him and “tripped his good leg” causing him to fall.