Coney v. State

Phipps, Judge.

Patrick Coney appeals his convictions of aggravated assault and cocaine possession, contending that the trial court erred by admitting certain evidence, by failing to adequately charge the jury on aggravated assault, and by rejecting his claim of ineffective assistance of counsel. For reasons that follow, we reverse. Because the evidence was sufficient, Coney may be retried.

The state’s evidence showed that on the night of March 7, 2003, a uniformed police officer stopped Coney for driving a car with no taillight. A male was sitting in the front passenger seat, and a woman was…