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Carpenter v. The State

Defendant failed to prove his ineffective assistance of counsel claim based on trial counsel's failure to object to the victim's in-court identification, because any objection would have been meritless and failure to raise a meritless objection does not constitute deficient performance; however, the trial court erred in failing to merge certain counts for sentencing.

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Rickman, Judge.William Lawrence Carpenter was tried by a jury and convicted of aggravated assault, criminal attempt to commit kidnaping, and two counts of possession of a firearm during a crime. On appeal, Carpenter contends that the trial court erred by allowing the victim to identify him during the trial or, alternatively, that his counsel was ineffective by failing to object to the identification. Carpenter also challenges the sentence imposed by the trial court. For the following reasons, we affirm in part, vacate in part, and remand this case for resentencing with direction.   On appeal from a criminal conviction, we view the evidence in the light most favorable to support the jury’s verdict, and the defendant no longer enjoys a presumption of innocence. We do not weigh the evidence or judge the credibility of the witnesses, but determine only whether the evidence authorized the jury to find the defendant guilty of the crimes beyond a reasonable doubt in accordance with the standard set forth in Jackson v. Virginia, 443 U. S. 307 (99 SCt 2781, 61 LE2d 560) (1979).

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