Moody v. State

Pope, Judge.

Defendant Gary Mitchell Moody was convicted of two counts of aggravated child molestation. He was originally sentenced to two con secutive ten-year terms but his sentence on the second count was subsequently vacated by the trial court. He appeals to this court following the denial of his motion and amended motion for new trial. Held:

1. Defendant first contends the trial court erred in denying his motion for new trial on the basis that his trial counsel was ineffective. “ ‘The bench mark for judging any claim of ineffectiveness must be whether counsel’s conduct so undermined the…