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Lightening v. State

The defendants waived any error in the trial court's failure to determine whether they were entitled to immunity and, if not, whether they were entitled to an immunity charge, because they focused on receiving a charge on self-defense, rather than obtaining a ruling on their motion for a hearing under O.C.G.A. § 16-3-24.2.

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Azizud Deen Lightning and his brother Forrest Mateen Lightning collectively “the Lightnings” appeal their convictions for aggravated assault and simple battery. They contend the trial court erred by denying their motion for a hearing under OCGA § 16-3-24.2 seeking immunity from prosecution, by making certain charging errors, by denying their motion to be sentenced under the Rule of Lenity, and by denying their motion for a new trial. Finding no reversible error, we affirm. When reviewing a criminal conviction, this court reviews the evidence in the light most favorable to the jury’s verdict, and gives deference to the jury’s determination as to the proper weight and credibility to be given the evidence. Butler v. State , 273 Ga. 380, 382 1 541 SE2d 653 2001. Viewed in that light the evidence shows that when the victim and his friend came to the Lightnings’ residence, the victim was playing his car radio very loudly. After visiting for a while, the victim went to his truck for cigarettes and when he returned he and Azizud Lightning began arguing about the loud radio. According to a witness, Azizud Lightning told the victim to leave his house, but the victim denied this.

The argument became a fight. The victim thought Azizud was just joking until suddenly, out of nowhere, Azizud hit the victim in the face. Another man began choking the victim from behind, and he fell to the floor. Azizud Lightning straddled his arms and legs and Forrest Lighting kicked him in the head. The Lightnings and another man began stomping, kicking, and punching the victim. At some point the victim lost consciousness and when he woke and began to get up, Azizud Lightning knocked him down again. He rose again and Azizud told Forrest to leave the victim alone The victim’s face was bleeding and Azizud told him to leave.

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