Gary v. State

Phipps, Judge.

Vincent Gary was charged by accusation with reckless conduct and simple battery. The court convicted Gary of the former offense at an unreported bench trial where Gary was represented by retained counsel. Through a new attorney, Gary filed a motion for new trial grounded largely on claims of ineffective assistance of counsel. Following the denial of the motion, Gary appeals.

1. First, Gary claims his trial counsel was ineffective in failing to request that the bench trial be reported and transcribed for appellate purposes. This issue has not been preserved for appellate review as…