A jury found Brian Elsasser guilty of two counts of simple battery, as lesser included offenses of aggravated battery, criminal damage to property in the second degree and disorderly conduct. The trial court ruled that the two simple battery counts merged for purposes of sentencing and imposed a total sentence of twelve months to serve in a work-release program, followed by six years on probation. The trial court also ordered restitution as part of the sentence, requiring Elsasser to pay the victim’s medical expenses. Elsasser appeals, challenging the restitution order and the denial of a motion for directed verdict of acquittal on the criminal damage to property charge. Because the trial court did not clearly err in imposing restitution and there was sufficient evidence to support the criminal damage to property verdict, we affirm. 1. “On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, and the appellant no longer enjoys the presumption of innocence.” Citation omitted. Jordan v. State , 281 Ga. App. 419 636 SE2d 151 2006. We do not weigh the evidence or judge the credibility of witnesses, but determine only if there is sufficient evidence from which a rational trier of fact could have found the appellant guilty of the charged offense beyond a reasonable doubt. Self v. State , 288 Ga. App. 77, 77-78 653 SE2d 787 2007. We review the denial of a motion for directed verdict of acquittal under the same standard. Id. at 78; Jordan , supra.
So viewed, the evidence shows that on the night of September 27, 2008, Elsasser, accompanied by three other men, went to the home of Brad Prater to confront Prater about his accusations that Elsasser had committed a rape. As Elsasser and Prater talked, a fight ensued between the two men, during which Prater was hit and wrestled to the ground. Prater was kicked multiple times on the head and face, suffering a broken jaw and other injuries. Prater believed that more than one person was kicking him, but he could not see who was actually kicking him. Before Elsasser and the others left the scene, a piece of lumber was used to smash in three windows of a truck owned by Prater’s uncle.
