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Tiller v. State

The trial court cured any error in its jury charge on battery by giving numerous instructions serving to properly limit the jury's consideration to the specific manner of committing the crime alleged in the indictment.

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Eldrick Tiller appeals from his convictions of aggravated assault, battery, and possession of a firearm by a convicted felon.1 Tiller asserts that insufficient evidence supports his aggravated assault and battery convictions, that the trial court erred in its charge on battery, and that he received ineffective assistance of counsel. For the reasons explained below, we affirm. On appeal from a criminal conviction, this court views the evidence in the light most favorable to the verdict, and the appellant no longer enjoys the presumption of innocence. Rankin v. State , 278 Ga. 704, 705 606 SE2d 269 2004; Bautista v. State , 305 Ga. App. 210 1 699 SE2d 392 2010. Rather, “this court determines whether the evidence is sufficient under the standard of Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.” Rankin , supra.

So viewed, the record shows that Tiller confronted the victim in a convenience store because he believed the victim had “jumped” into a fight that had occurred one month earlier between Tiller’s female cousin and another woman. The victim testified that Tiller “was mad” and asked him to “come outside.” The victim refused to go outside because he was worried about “getting jumped.” The victim waited inside the store for five to ten minutes until Tiller left the store and went to the right toward a barber shop.

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