"And, although [Rider] testified and denied the [children's] accusations, the jury was under no obligation to believe him." Green v. State , 358 Ga. App. 843, 846 (1), 856 S.E.2d 427 (2021). The evidence therefore was sufficient to sustain Rider's convictions.
(Citation omitted.) Green v. State , 358 Ga. App. 843, 852-853 (7), 856 S.E.2d 427 (2021). Here, not only is it pure speculation that the results of additional blood testing would have been exculpatory, as explained above, it is also possible that they would have been inculpatory.
(Citation omitted.) Green v. State , 358 Ga. App. 843, 845 (1), 856 S.E.2d 427 (2021). Pursuant to OCGA § 16-6-1 (a) (1), "[a] person commits the offense of rape when he has carnal knowledge of ... [a] female forcibly and against her will[.]" "Carnal knowledge" is defined as "any penetration of the female sex organ by the male sex organ."
Accordingly, Jones's argument in this regard is entirely speculative, "and mere speculation will not support a claim of ineffective assistance of counsel." (Citation and punctuation omitted.) Green v. State, 358 Ga.App. 843, 854855 (7) (b) (856 S.E.2d 427) (2021). Furthermore, at the hearing on Jones's motion for new trial, Jones's attorney testified that he has a sighted assistant who helps him at trial.
(Citations and punctuation omitted.) Green v. State , 358 Ga. App. 843, 855 (8), 856 S.E.2d 427 (2021) ; see Crider v. State , 356 Ga. App. 36, 50 (4), 846 S.E.2d 205 (2020) (holding that where the appellant has failed to show error, the appellant fails to show cumulative error). Judgment affirmed in part and vacated in part, and case remanded for resentencing.
Because Miles has failed to show any error, he has likewise failed to show cumulative error. See Green v. State , 358 Ga. App. 843, 855 (8), 856 S.E.2d 427 (2021) ; Crider v. State , 356 Ga. App. 36, 50 (4), 846 S.E.2d 205 (2020). For the above-stated reasons, we affirm Miles’ convictions.
Thus, we must now consider whether Thomas relinquished his right to be present. Id. at –––– (2) (c), 854 S.E.2d 706 ; Green v. State , 358 Ga. App. 843, –––– (3), 856 S.E.2d 427 (2021). [T]he right to be present belongs to the defendant, and he is free to relinquish it if he so chooses.