Gafford v. State

McMurray, Presiding Judge.

A Newton County jury convicted defendant of aggravated assault, family violence battery, and reckless conduct. The trial court denied his motion for new trial, as amended. He now appeals, contending the evidence was insufficient to support his conviction of aggravated assault, he received ineffective assistance of counsel, his sentence was disproportionately severe, and the trial court improperly considered the presentence report in aggravation. Held:

1. We first consider the sufficiency of the evidence to support defendant’s conviction of aggravated assault. On…