Mantooth v. State

Following a bench trial, Mark Mantooth was convicted of three counts of family violence/simple battery;1 two counts each of family violence/battery,2 family violence/terroristic threats,3 and cruelty to children in the first degree;4 and a single count each of aggravated stalking,5 family violence/false imprisonment,6 cruelty to children in the third degree,7 interference with government property,8 and giving a false date of birth.9 Mantooth now appeals from the denial of his motion for a new trial, asserting: 1 that he received ineffective assistance of trial counsel; and 2 that the trial court violated his due process rights by holding the hearing on his new trial motion without him present. Discerning no error, we affirm. “On appeal from a criminal conviction, the evidence must be viewed in the light most favorable to support the verdict, and the defendant no longer enjoys a presumption of innocence.” Punctuation omitted. Rogers v. State .10 So viewed, the evidence shows that Mantooth’s convictions arose out of a series of incidents that occurred between November 13, 2007 and February 5, 2008. On November 13, 2007, Mantooth and his girlfriend, Kimberly Riccitelli, got into an argument while driving from the Dawsonville area to Riccitelli’s home in Waleska. Riccitelli eventually escaped from Mantooth’s truck and made it into a nearby fast-food restaurant, where she called a friend to come pick her up. Fearing that Mantooth would return to her house and harm her two daughters, Riccitelli also called her neighbors, Fred and Rita Moon, and asked them to keep the girls at their house. Riccitelli’s friend then drove her home, and Mantooth arrived a short time later.

The couple continued to argue and during their argument Mantooth battered Riccitelli by repeatedly poking her leg. Hearing the argument, Mr. Moon called Riccitelli, who explained that Mantooth had her “cornered” in the kitchen of the house and indicated that she wanted the Moons to call police. Mrs. Moon then called 911 from her cell phone while Mr. Moon stayed on the line with Riccitelli. During that time, Mr. Moon heard Mantooth threatening to burn Riccitelli’s house, a fact which Mrs. Moon relayed to the 911 operator. A tape of Mrs. Moon’s 911 call was played at trial.