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Kinsey v. State

The evidence was sufficient to support the defendants' convictions for kidnapping with bodily injury, aggravated assault and firearm possession in the commission of a crime, since the victim identified the defendants as two of the men who beat him, held a shotgun to the his head, duct-taped his head and body, put him in the trunk of a car and drove off.

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Following a jury trial, Deandre Antwan Kinsey and Tevon White were convicted of kidnapping with bodily injury OCGA § 16-5-40 d 4, aggravated assault OCGA § 16-5-21 a 2 2010, and one count of possession of a firearm in the commission of a crime OCGA § 16-11-106 b 1.1 Kinsey and White appeal from the denial of their motions for new trial. In Case No. A13A2062, Kinsey contends that the trial court erred in denying his motion to suppress, that the evidence was insufficient to support his convictions, and that the trial court erred in refusing to give a jury charge on mere presence. In Case No. A14A0116, White contends that the trial court erred in denying his motion to suppress, in allowing the book-in photo to be introduced into evidence, and in refusing to charge the jury on mere presence. White also contends that the evidence was insufficient to support his convictions. Discerning no error, we affirm the judgments in both cases.

On appeal from a criminal conviction, we view the record in the light most favorable to the conviction.2 The relevant facts are set forth in Johnson, supra, which provides as follows:

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