Aburto v. State

Phipps, Chief Judge.

Victor Hugo Aburto appeals his conviction for aggravated sodomy, criminal attempt to commit rape, and related crimes. Aburto claims that the trial court erred by (i) denying his motion to subpoena two out-of-state witnesses, and (ii) commenting on the evidence in violation of OCGA § 17-8-57. Aburto also claims that he was denied effective assistance of trial counsel. For the reasons set forth below, we disagree and affirm.

Viewed in a light most favorable to the jury’s verdict,1 the evidence shows that in March 2006, then seven-year-old S. A. and her family moved into a…