Consequently, Hardy cannot establish either deficient performance or prejudice based on his trial counsel's failure to file a demurrer. See Subar v. State , 309 Ga. 805, 809 (2), 848 S.E.2d 109 (2020) ("[C]ounsel cannot be ineffective for failing to make a meritless motion.") (citation and punctuation omitted); Moon , 335 Ga. App. at 649 (3), 782 S.E.2d 699 ; see also Strickland , 466 U. S. at 687-689, (III) (A), 694 (III) (B), 104 S.Ct. 2052 ; Seabolt , 298 Ga. at 584-585, 783 S.E.2d 913.

Weighing that evidence as a reasonable jury would, I believe it is highly probable that the error in admitting the burglary conviction did not contribute to the jury's verdict. Subar v. State , 309 Ga. 805, 809-810 (3), 848 S.E.2d 109 (2020). The evidence supporting Robinson's conviction for DUI less safe is likewise strong.

And in any event, the indictment necessarily implied as much because Marin's abdomen was the only location on his body specified and because no other bodily member was mentioned. See, e.g., Subar v. State , 309 Ga. 805, 809, 848 S.E.2d 109 (2020) ("The allegation that [the defendant] entered [the victim]’s home without authority and with the intent to commit various felonies necessarily implied that [the defendant] intended to commit the underlying crimes inside the residence."); Jordan v. State , 307 Ga. 450, 455, 836 S.E.2d 86 (2019) ("The allegation that the house ‘was the dwelling house of ... [the victim]’ necessarily implied that he had the authority to be present therein."). Because the aggravated battery count sufficiently alleged that Marin's abdomen was the member of his body of which he was deprived as a result of Moss's action, a demurrer based on Moss's first argument would not have been successful, and Moss "cannot show deficient performance, as counsel cannot be ineffective for failing to make a meritless motion."

As a result, a general demurrer would not have been successful, and Torres's counsel did not perform deficiently by failing to pursue a meritless demurrer as to Count 4. See Subar v. State , 309 Ga. 805, 809 (2), 848 S.E.2d 109 (2020) (where indictment was sufficient to survive a general demurrer, trial counsel's failure to file such a meritless motion could not be deemed deficient performance); Bradford v. State , 327 Ga. App. 621, 627 (2), 760 S.E.2d 630 (2014) (counsel's performance cannot be deemed deficient for failing to file a general demurrer that would have been unsuccessful). This claim therefore fails.