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Gordon v. State

In light of the charge as a whole, the trial court's charging inapplicable theories of the aggravated assault statute did not require reversal of defendant's conviction for aggravated assault with intent to rape.

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Following denial of his motion for new trial, Charles Gordon appeals his convictions of aggravated assault and false imprisonment. He challenges the sufficiency of the evidence, complains of a jury instruction, and claims ineffective assistance of trial counsel. We find no grounds for a reversal but remand for a hearing on the ineffectiveness claim.

On October 6, 1998, at approximately 10:30 p.m., sixteen-year-old Jason Johnson got off work from his job at a restaurant on River Street in Savannah. His mother was supposed to pick him up, but she was not there. He sat on the front curb and waited for her. At the time, the end of River Street where Johnson was sitting was practically deserted while the other end of the street was crowded. As Johnson was awaiting his mother’s arrival, Gordon staggered down the street in an apparent intoxicated condition and approached him. Johnson, who possessed feminine features, testified that Gordon grabbed his arm, forced him into a nearby alley, and attempted to remove his pants while demanding sex. During the struggle, Gordon pulled his own pants down and Johnson observed a condom on his erect penis.

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