Smith v. State

Adams, Judge.

Earnest Lee Smith appeals the trial court’s denial of his motion for new trial after a jury convicted him on one count of aggravated assault. Smith does not contest that the evidence was sufficient to support his conviction. Rather, he asserts that he is entitled to a new trial on the following grounds: (1) prosecutorial misconduct; (2) newly discovered evidence; (3) ineffective assistance of counsel; and (4) the trial court’s failure to hold a pre-sentencing hearing. For the reasons set forth below, we affirm.

Viewed in the light most favorable to the verdict, the evidence at…