 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Chalvatzis v. State2/19/2004
George Gregory Chalvatzis was convicted of aggravated battery and aggravated assault by a Hall County jury. On appeal, he challenges the sufficiency of the evidence, his trial counsel's effectiveness, and the trial court's charge to the jury. For reasons stated below, we affirm.
On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, and an appellant no longer enjoys the presumption of innocence. This court determines whether the evidence is sufficient under the standard of Jackson v. Virginia and does not weigh the evidence or determine witness credibility. Conflicts in the evidence are for the jury to resolve. As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the tate's case, we must uphold the jury's verdict.
Construed in support of the verdict, the evidence shows that the alleged victim, Jacky Ray Hewell, and Chalvatzis were co-workers and that Hewell drove Chalvatzis home on the evening of December 21, 2000. Chalvatzis invited Hewell into his home and introduced him to his live-in girlfriend, Donna Fuller. Hewell testified that they all talked for several minutes and that Chalvatzis appeared distracted and upset and cried intermittently.
Hewell, Chalvatzis, and Fuller drank a bottle of whiskey. Hewell and Chalvatzis mixed the whiskey with a soft drink, and Fuller, a self-confessed alcoholic, drank it straight from the bottle. Hewell testified that Fuller and Chalvatzis danced, then Fuller asked Hewell to dance, which he reluctantly agreed to do after receiving Chalvatzis's permission. Hewell testified that he was reluctant because Chalvatzis had told him previously that he and Fuller were having problems.
The three went to a package store and purchased a second bottle of whiskey. On the way back to Chalvatzis's house, Hewell asked if Fuller had a friend who could be his date for the evening. The woman was unavailable, so they returned to the house and started drinking again. Hewell recalled that Fuller told him that the woman planned to come over later, so he decided to wait for her.
Hewell and Chalvatzis fell asleep on the couch and Fuller retired to the bedroom. Hewell testified that suddenly, Chalvatzis hit him above his left ear, then insisted that they take their dispute outside. As Hewell stepped off the porch, Chalvatzis stabbed him twice in the back of his left leg and once in his right leg. Hewell also testified that Chalvatzis cut his left arm, resulting in a wound that required 40 staples; that he never attacked Chalvatzis or otherwise provoked him but simply tried to escape to his car; and that the last wound that Chalvatzis inflicted was the one to his face after Chalvatzis pulled him from his car.
Deputy Sheriff Mitch Taylor of the Hall County Patrol Office testified that he found Hewell lying in a pool of blood; that Hewell was highly intoxicated; that he saw the cuts on Hewell's legs, arm, and face; that he followed the trail of Hewell's blood to Chalvatzis's house; that there was substantial amount of blood in the driver's front seat and on the outside of Hewell's car; that he could hear a man and woman arguing inside the house who sounded intoxicated; that he knocked on the door and Chalvatzis and Fuller answered that he talked to Chalvatzis outside and smelled alcohol on him; that he noticed an empty knife sheath on Chalvatzis's belt; that Chalvatzis did not indicate any involvement in the incident and did not appear to be injured; and that Chalvatzis agreed to go to the hospital with him for further questioning.
Officer Sean McKusker testified that Chalvatzis was very calm and cooperative
Page 1 2 3 Georgia DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|