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Williams v. The State

Defendant's Appeal Presented First Opportunity For Defendant to Raise Ineffective Assistance of Counsel Claim

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Phipps, Senior Appellate Judge.A jury convicted Michael Jerome Williams of aggravated assault based on family violence and possession of a knife during the commission of a felony. On appeal, Williams argues that the trial court erred in denying his motion for a directed verdict because the evidence was insufficient to support his convictions. He also complains of a jury instruction, contends that the trial court erred in not allowing the voir dire of a child witness before his testimony, and claims ineffective assistance of trial counsel. Upon review, we find no error, but we vacate Williams’s convictions and remand the case for an evidentiary hearing on Williams’s ineffective assistance claims.   On appeal, the standard of review for denial of a motion for directed verdict is the same as that for determining the sufficiency of the evidence to support a conviction. The issue is whether, based on the evidence presented, a rational finder of fact could have found the accused guilty of the charged offenses beyond a reasonable doubt. Leaving the resolution of conflicting or contradictory testimony and the credibility of the witnesses to the jury, we construe the evidence in favor of the jury’s verdicts.

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