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Hairston III v. State

Evidence that the defendant grabbed the victim by her throat and back, pushed her into her car, drove her around, and that when the victim returned to work, her mouth was bloody and one of her front teeth had been pushed behind the other, supported his conviction for kidnapping with bodily injury.

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Percy Hairston III was charged with kidnapping with bodily injury, aggravated battery family violence and aggravated assault family violence. Before his December 9, 2010 arraignment, Hairston filed a general and special demurrer, which he later amended on February 11, 2011. Following a hearing, the trial court overruled the motion and found that the demurrer was untimely. Hairston’s case proceeded to trial, after which a jury found him guilty of the charged offenses. Following the denial of his motion for new trial, Hairston appeals his convictions contending that the trial court erred in denying his special demurrer and also that the evidence was insufficient. Upon our review, we affirm.

On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence. We do not weigh the evidence or determine witness credibility, but only determine if the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt.

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