McGlohon v. State

Beasley, Judge.

Joel McGlohon seeks reversal of his conviction for aggravated battery. OCGA § 16-5-24 (a). The jury found him guilty of aggravated assault and aggravated battery, and the court merged the assault with the battery. McGlohon’s original appeal challenged the effectiveness of trial counsel with respect to the failure to request jury instructions on the lesser included offense of battery. But because the issue was first raised on appeal and appellate counsel had no opportunity to present it in the trial court, the case was remanded for development of this issue after the conviction…