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Hoglen v. State

The evidence was insufficient to support the defendant's conviction for aggravated assault, because he was not a party to his grandfather's act of firing a gun during his apprehension by police executing a warrant to arrest him.

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On appeal from his conviction for aggravated assault and three counts of felony obstruction, Jeremi Hoglen argues that the evidence was insufficient as to both of these crimes because he was not a party to his grandfather’s act of firing a gun during Hoglen’s apprehension by police executing a warrant to arrest him. We agree and reverse as to the aggravated assault charge, but we affirm Hoglen’s conviction for felony obstruction. We therefore vacate his sentence and remand for resentencing.

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. Reese v. State, 270 Ga. App. 522, 523 607 SE2d 165 2004 citation omitted. 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. Jackson v. Virginia, 443 U. S. 307, 319 III B 99 SCt 2781, 61 LE2d 560 1979 citation omitted.

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