Callahan v. State

Miller, Judge.

Convicted of five counts of public indecency, Victor Callahan appeals on three grounds: (1) the evidence was insufficient, (2) the court did not instruct the jury properly on the separateness of the counts, and (3) trial counsel provided ineffective assistance. We hold that the circumstantial evidence excluded reasonable hypotheses of innocence, that the jury charge as a whole adequately focused on the distinct nature of each count, and that evidence supported the court’s finding that trial counsel pursued a reasonable trial strategy. Thus, we affirm.

Construed in favor of the…