McElroy v. State

Phipps, Judge.

Timothy McElroy appeals his conviction of aggravated assault. He asserts that the trial court erred in its response to a jury question and in its failure to grant him a new trial based upon ineffective assistance of counsel. We find that the trial court did not err in either respect and affirm McElroy’s conviction.

The charges against McElroy stemmed from his attack upon Debra McBride. McElroy and McBride were romantically involved, and he lived with McBride and her children. McBride told McElroy that she wanted him “to get out.” At about midnight on August 6, 1995, McElroy…