Byrd v. State

Carley, Judge.

Appellant was indicted for one count of aggravated assault. After a bench trial, appellant was found guilty but mentally ill at the time of the crime. See OCGA § 17-7-131 (b) (1) (D). He appeals from the conviction and sentence entered on the verdict.

Appellant’s sole enumeration is that the trial court erred in finding him guilty but mentally ill. The contention is that appellant should have been found not guilty by reason of insanity, in that he was acting under a delusional compulsion when he assaulted the victim. See OCGA § 16-3-3.

“ ‘[A] defendant’s sanity is presumed; a…