"Errors of judgment and tactical errors do not constitute ineffective assistance of counsel . . . and an attorney does not become incompetent because of a single act even though it may have been a mistake in judgment." Hudson v. State, 156 Ga. App. 281, 282 (2) ( 274 S.E.2d 675) (1980). See also Davis v. State, 172 Ga. App. 787, 790 (4) ( 324 S.E.2d 767) (1984).
Prior to Cuyler v. Sullivan, Georgia courts applied a lesser degree of scrutiny to the actions of retained counsel than the actions of appointed counsel. See Allen v. Hooper, 234 Ga. 642 (1) ( 217 S.E.2d 156) (1975); Hudson v. State, 156 Ga. App. 281 (2) ( 274 S.E.2d 675) (1980); Harrell v. State, 139 Ga. App. 556 (3) ( 228 S.E.2d 723) (1976). The United States Supreme Court, however, made it clear in Cuyler that the distinction was not viable under the Sixth Amendment guarantee.
"Where retained counsel is a goodstanding member of the State Bar, a prima facie cause of competence is made out." Hudson v. State, 156 Ga. App. 281, 282 (2) ( 274 S.E.2d 675). The record and transcript show that the defendants' trial counsel made pretrial motions, cross-examined witnesses, objected to the admission of certain evidence, and made a closing argument. "The fact that another attorney may have handled appellant's defense differently is not indicative of trial counsel's ineffective assistance.
Where retained counsel is a member in good standing of the State Bar of Georgia, a prima facie case of competence is made out. See Hudson v. State, 156 Ga. App. 281, 282 (2) ( 274 S.E.2d 675). Defendant fails to point out in what manner his retained counsel failed to properly represent him but merely offers argument by brief with reference to certain trial tactics, the failure to call witnesses, the failure to obtain a continuance in order to have time to subpoena certain witnesses without stating who the witnesses were or to otherwise show that counsel was incompetent. The case of Pitts v. Glass, 231 Ga. 638, 639 ( 203 S.E.2d 515), is controlling here as the retained trial counsel has not been shown to be ineffective.