McComb v. State

NORTHCUTT, Judge.

Arthur McComb Appeals his conviction for aggravated battery. We find no abuse of discretion in the trial court’s exclusion of the recording of a 911 call, and we affirm on that issue without further discussion. But we agree with McComb that his trial counsel provided ineffective assistance by failing to obtain a jury instruction on the justifiable use of nondeadly force. Accordingly, we reverse.

The charge arose from a fight between McComb and his roommate, Heath Sten-son. Stenson was ten years younger than McComb, seven inches taller, and about 150 pounds heavier. Stenson…