Daniels v. State

MILLER, P. J., MARKLE and LAND, JJ.

LAND, JUDGE

On this pro se appeal from his conviction after a bench trial on charges of simple battery and disorderly conduct, Tony Daniels argues that the evidence was insufficient and that the trial court erred by failing to make findings of fact and conclusions of law and by imposing a sentence beyond that recommended by the State. We affirm the conviction for simple battery, but we reverse the disorderly conduct conviction because there was no evidence showing that Daniels used any specific "fighting words," which is the only ground alleged in the accusation on that charge, under circumstances tending to result in violence.

"On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, with the defendant no longer enjoying a presumption of innocence." (Citation omitted.) Reese v. State, 270 Ga.App. 522, 523 (607 S.E.2d 165) (2004). We neither weigh the evidence nor judge the credibility of witnesses, but determine only whether, after viewing the evidence in the light most favorable to the prosecution, "any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." (Emphasis omitted.) Jackson v. Virginia, 443 U.S. 307, 319 (III) (B) (99 S.Ct. 2781, 61 L.Ed.2d 560) (1979).

As a preliminary matter, we remind Daniels that although he has the right to represent himself on appeal, that pro se status "does not relieve him of the obligation to comply with the substantive and procedural requirements of the law, including the rules of this Court." (Punctuation and footnote omitted.) Fortson v. Brown, 302 Ga.App. 89, 90 (1) (690 S.E.2d 239) (2010). As was the case in Fortson, Daniels's pro se brief "does not contain a single citation to the record," id., in violation of Court of Appeals Rule 25 (c) (2). Daniels has also cited no Georgia law in support of any of his arguments. As we have often noted, including on appeals from a criminal conviction, "it is not the function of this Court to cull the record on behalf of a party in search of

instances of error. Instead, the burden is upon the party alleging error to show it affirmatively in the record." (Punctuation and footnote omitted.) Cawthon v. State, 350 Ga.App. 741, 743 (830 S.E.2d 270) (2019). Nonetheless, we have in our discretion reviewed the record, including the transcript of the bench trial, which was transmitted to this Court only after the parties' briefs were filed.

Construed in favor of the judgment, the transcript shows that due to a clerical error, Daniels was granted an appointment at the Valdosta dental office of Dr. Brett Hester on June 29, 2023. Daniels had previously filed a fraudulent claim against Hester concerning a crown replacement. When Daniels appeared for the appointment, Hester attempted to escort him out of the office, which was full of patients and staff, but Daniels became aggressive, insisting that he not be touched, and began filming the encounter, during which his spit landed on Hester's face.

The first of the three videos admitted at trial shows that after Hester gave Daniels some paperwork inside the office and escorted him to the door, Daniels turned outside to leave, saying "Have a good day, sir," at which point Hester leaned toward him and said, "If you ever show up here again, I'll beat the f*** out of you."

As this first video ends, Daniels exclaims, "Don't take my phone, sir!"^[1] In the struggle that ensued, which was not recorded, Daniels grabbed Hester's shirt, ripping it and exposing Hester's upper chest. Hester and his staff, who had joined him on the porch, told Daniels to leave and called 911. A later video shows that when a police officer arrived, Daniels was standing in the street by the end of the sidewalk leading to the office. The officer told Daniels to calm down and to get out of the street, but he refused and was immediately arrested. Hester's statement to police does not specify any inflammatory statements by Daniels.

Daniels was charged with simple battery for ripping Hester's shirt and disorderly conduct for using "without provocation . . . opprobrious or abusive...