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Onyekwe v. State

The evidence sufficiently showed that the defendant committed two counts of family violence simple battery when he hit his ex-wife and daughter during a scheduled custody exchange at a police station.

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Following a bench trial, Christopher Onyekwe was convicted of two counts of family violence simple battery OCGA § 16-5-23 f. In his out-of-time appeal,1 Onyekwe contends that 1 the evidence was insufficient to support his convictions and 2 the trial court erred in excluding evidence that could have exonerated him. Discerning no error, we affirm.

Viewed in the light most favorable to Onyekwe’s conviction,2 the evidence shows that Onyekwe and his ex-wife have two children together and they have been divorced since August 2003. Around noon on March 26, 2011, the ex-wife drove the children to the Fayetteville police station to meet Onyekwe for his agreed-upon overnight visitation. Onyekwe, who has a history of family violence, became angry when his 11-year-old daughter refused to go with him.

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