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Hyman v. State

The defendant did not establish that his trial counsel was deficient in failing to file a motion to sever his trial from his co-defendant's, since he did not show that the motion would have been granted.

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Following a jury trial, Antonio Dexter Hyman was convicted of armed robbery OCGA § 16-8-41 a, possession of a firearm during the commission of a felony OCGA § 16-11-106 b 1, escape OCGA § 16-10-52 a 2, aggravated assault on a correctional officer OCGA § 16-5-21 a 2, and obstruction of an officer OCGA § 16-10-24 a.1 Hyman filed a motion for new trial, which the trial court denied. On appeal, Hyman contends that his trial counsel provided ineffective assistance in i failing to file a motion to sever his trial from that of his co-defendant and ii failing to object to hearsay testimony. We discern no error and affirm.

Viewed in the light most favorable to the verdict, Jackson v. Virginia, 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979, the trial evidence shows that on July 18, 2008, after 11:00 p.m., Hyman and his brother, Bernard Jackson, entered a convenience store in Morgan County and approached the store’s cashier. Hyman was wearing a white t-shirt covering his face, except for his eyes, plaid shorts, and red shoes. Hyman was armed with a handgun. Jackson was wearing a white t-shirt covering half of his face from the nose down, a white sock covering a tattoo on his right arm, a black t-shirt, blue shorts, and black shoes. Hyman pointed the gun at the cashier and demanded that she give him the cash from the register and Newport cigarettes. The cashier complied, and handed Hyman and Jackson approximately $300 from the register and several packs of Newport cigarettes. After obtaining the items, Hyman and Jackson fled from the store on foot.

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