SCOTT v. STATE, 263 Ga. 300 (1993)

432 S.E.2d 107

S93A0631.Supreme Court of Georgia.
DECIDED JULY 15, 1993.

HUNT, Presiding Justice.

Eric Scott shot and killed Wayne Burgess with a handgun. He was convicted of malice murder, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a felony. He was given a life sentence for the malice murder conviction, a five-year concurrent sentence for possession of a firearm by a convicted felon, and a five-year consecutive sentence for possession of a firearm during the commission of a felony. He appeals.[1] We affirm.

1. Having reviewed the evidence in the light most favorable to the jury’s determination, we conclude that a rational trier of fact could have found Scott guilty of the crimes for which he was convicted beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307 (99 S.C. 2781, 61 L.Ed.2d 560) (1979).

2. Scott contends the trial court erred in denying his claims of ineffective assistance of counsel, raised by new counsel at the hearing on Scott’s amended motion for new trial. We have reviewed the transcript of that hearing (at which trial counsel testified) and find sufficient evidence to support the trial court’s conclusion that Scott failed to show ineffectiveness under the standards of Strickland v. Washington, 466 U.S. 668, 687 (104 S.C. 2052, 80 L.Ed.2d 674) (1984). See also Ferrell v. State, 261 Ga. 115, 119 (3) (401 S.E.2d 741) (1991).

3. Scott’s remaining enumerations of error are without merit.

Judgment affirmed. All the Justices concur.

DECIDED JULY 15, 1993.
Murder. Chatham Superior Court. Before Judge Gadsden.

C. Jackson Burch, for appellant.

Page 301

Spencer Lawton, Jr., District Attorney, Kimberly Rowden, Assistant District Attorney, Michael J. Bowers, Attorney General, C. A. Benjamin Woolf, Assistant Attorney General, for appellee.