Hernandez-Lopez v. State

The defendant got into the victim's car against her will, revealed a pistol in his waistband, and forced her to drive both of them to a nearby residence.

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Roberto Hernandez-Lopez was convicted of kidnapping and possession of a firearm during the commission of a crime. On appeal from the denial of his motion for a new trial, he challenges the sufficiency of the evidence. For the reasons discussed below, we affirm. On appeal of a criminal conviction, this Court’s duty is to determine 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. The appellant no longer enjoys the presumption of innocence. Moreover, the Court does not re-weigh the evidence or resolve conflicts in testimony, but rather defers to the jury’s assessment of the weight and credibility of the evidence. Citations and punctuation omitted. Walker v. State , 282 Ga. 406 651 SE2d 12 2007. Viewed in the light most favorable to the verdict, the evidence showed that at the time of the crimes at issue, the victim was married to Hernandez-Lopez. However, the two were separated and the victim was residing at a domestic violence shelter. On March 23, 2008, Hernandez-Lopez approached the victim as she was walking to her car after a church service. Hernandez-Lopez got into the victim’s car against her will, revealed a pistol in his waistband, and forced her to drive both of them to a nearby residence. Hernandez-Lopez told the victim that he wanted to get back together with her and wanted her to travel to Mexico with him.

While traveling in the car, the victim received a phone call from a friend, who became concerned for the victim’s safety when he overheard her crying and arguing with Hernandez-Lopez. The friend went to the police department and reported what he had heard. The police then contacted the domestic violence shelter and related that the victim may have been kidnapped by Hernandez-Lopez.

Hernandez-Lopez v. State

The defendant got into the victim's car against her will, revealed a pistol in his waistband, and forced her to drive both of them to a nearby residence.

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