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Tigner v. State

The State presented no evidence to show that the defendant was aware that the vehicle in which he was riding just prior to his detention and arrest had been stolen.

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A Fulton County jury found Demarius Tigner guilty on four counts of aggravated assault; two counts each of armed robbery, criminal attempt to commit armed robbery, and theft by receiving stolen property; and one count of possession of a firearm during the commission of a felony. On appeal, Tigner contends that the evidence was insufficient to support his conviction on one of the counts of theft by receiving. Tigner does not challenge his convictions on the remaining offenses. For the reasons that follow, we reverse his conviction only as to the one count of theft by receiving at issue.

On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, and the defendant is no longer entitled to the presumption of innocence. Citation omitted. Newsome v. State, 324 Ga. App. 665, 665 751 SE2d 474 2013. In determining the sufficiency of the evidence, we neither weigh the evidence nor assess the credibility of the witnesses, but determine only whether the evidence authorized the jury to find the appellant guilty of the crime charged beyond a reasonable doubt. Byrd v. State, 325 Ga. App. 24, 24 752 SE2d 84 2013.

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