BRADY v. STATE

CARLEY, Presiding Judge.

After a jury trial, appellant was found guilty of aggravated assault, making a terroristic threat, and possession of a firearm by a convicted felon. He appeals from the judgments of conviction and sentences entered by the trial court on the jury's guilty verdicts.

1. Appellant enumerates the general grounds.

"`"On appeal, our review is restricted to the legal sufficiency of the evidence, not the weight of the evidence." [Cit.]' [Cit.] . . . The jury was authorized to reject [appellant's] testimony and accept the victim's and the victim's daughter's [and son's] testimony. [Cit.] Further, we have reviewed the transcript and find sufficient evidence to authorize the jury's findings that [appellant] was guilty, beyond a reasonable doubt, of the offense of aggravated assault . . . and of the offense of [making] a terroristic threat [and of the offense of possession of a firearm by a convicted felon]. [Cits.]" Cook v. State, 198 Ga. App. 886, 887 (1) ( 403 S.E.2d 872) (1991).

2. "Appellant contends he was denied effective assistance of counsel at trial. Although appellant's current attorney made [his] appearance of record before the expiration of the 30 day period for the filing of a motion for new trial under OCGA § 5-5-40 (a), no motion for new trial was filed. Nonetheless, . . . the lack of any opportunity for a hearing before the trial court requires that we remand this case for an evidentiary hearing on the issue of the asserted ineffectiveness of appellant's trial counsel. `If the trial court finds appellant was denied effective assistance of counsel, he will be entitled to a new trial. If the court finds adversely to appellant, appellant's right to appeal that order within thirty days is preserved.' [Cit.]" Adams v. State, 196 Ga. App. 804, 806 (2) ( 397 S.E.2d 153) (1990).

Judgments affirmed and case remanded with direction. Pope, C. J., and Johnson, J., concur.