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OLIVER v. THE STATE.
68213.
DEEN, Presiding Judge.
Aggravated assault. Chatham Superior Court. Before Judge Cheatham.
William Oliver brings this appeal from his conviction of aggravated assault.
Counsel's attempt to convince the court to permit the defendant to make an unsworn statement does not render him ineffective and is merely trial strategy.
In determining the effectiveness of counsel, this court looks to the totality of the representation provided by counsel. Dansby v. State, 165 Ga. App. 41 (299 SE2d 579) (1983); Pitts v. Glass, 231 Ga. 638 (203 SE2d 515) (1974). A defendant's right to effective assistance of counsel does not guarantee errorless counsel or counsel judged ineffective by hindsight, " 'but counsel . . . likely to render and rendering reasonably effective assistance.' [Cits.]" Austin v. Carter, 248 Ga. 775, 779 (285 SE2d 542) (1982). Simpson v. State, 250 Ga. 365 (297 SE2d 288) (1982), relied upon by the state, is distinguishable from the instant case, as a motion for a new trial asserting this ground was filed in the court below. Moreover, we are unable to determine the court's meaning in holding "More importantly, defendant's two trial attorneys have not been heard on this issue.
2. As appellant has raised the general grounds, we have examined the trial transcript and find that from the evidence adduced at trial a rational trier of fact could find the defendant guilty beyond a reasonable doubt. Crawford v. State, 245 Ga. 89, 90 (263 SE2d 131) (1980).
Spencer Lawton, Jr., District Attorney, David T. Lock, Assistant District Attorney, for appellee.
G. Terry Jackson, for appellant.
DECIDED APRIL 30, 1984.
Thursday May 21 19:02 EDT


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