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Float v. State

Evidence supported defendant's convictions for aggravated assault and possession of a firearm during the commission of a crime.

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Jeffery Foat, Jr. appeals his convictions of aggravated assault and possession of a firearm during the commission of a crime on the ground that the evidence was insufficient to support the convictions. Finding that sufficient evidence supports the convictions, we affirm. When reviewing a challenge to the sufficiency of the evidence used to support a conviction, we view the evidence in the light most favorable to the jury’s verdict, and the defendant no longer enjoys the presumption of innocence. Short v. State , 234 Ga. App. 633, 634 1 507 SE2d 514 1998. 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. Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.

Viewed in this light, the evidence shows that Mary Flournoy, the mother of Delshawn Flournoy, drove Delshawn Flournoy and a friend to Shaquila Nixon’s house where Delshawn Flournoy was going to borrow some tools. When they arrived at the house, Delshawn Flournoy exited the car and entered the house while his mother and the friend waited in the car. Several people were sitting outside the house. Foat and his co-defendant, Verenzo Holmes, walked up to the house and began shooting at a man on the porch. The man shot back toward the street. Delshawn Flournoy was shot in the head while he was in the front room of the house. Delshawn Flournoy lost the use of his right leg and right arm and his ability to speak more than a few words because of his injury. Foat testified at trial that the man on the porch started shooting at him and Holmes. He denied having a gun.

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