Waddell v. State

Benham, Judge.

In a bifurcated trial, appellant was convicted of aggravated assault; possession of a firearm during the commission of a felony; and possession of a firearm by a convicted felon. On appeal, he claims entitlement to a new trial on the grounds that his trial counsel was ineffective and that the trial court failed to give an appropriate instruction concerning the bifurcated nature of his trial.

The evidence showed that the victim suffered numerous small puncture wounds on his face, ears, neck, and upper chest. The wounds were caused by a discharge of birdshot from a sawed-off…