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Romero v. State

The evidence authorized the jury to find that the defendants accompanied a third man to a convenience store, knowing that he intended to assault the victim, and supported their convictions for aggravated assault.

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These companion appeals arise from the convictions of co-defendants Armando Angel Romero and Harry Louis Torres for aggravated assault following the denial of their motions for new trials. Both men contend that the trial court erred in denying their motions for directed verdict because the evidence was insufficient. We find no reversible error and affirm. “On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, with the defendant no longer enjoying a presumption of innocence.” Reese v. State , 270 Ga. App. 522, 523 607 SE2d 165 2004. We neither weigh the evidence nor judge the credibility of witnesses, but determine only whether, after viewing the evidence in the light most favorable to the prosecution, a “rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia , 443 U. S. 307, 319 III B 99 SC 2781, 61 LE2d 560 1979.

So viewed, the evidence shows that the victim worked as a clerk at a convenience store. On August 22, 2008, two men walked into the store. One of the men asked the victim for cigarettes, and when the victim turned away, the man hit him on his head with a pipe. The two men ran from the store, jumped into a waiting car, and sped away. The victim recalled that the man who attacked him had been in the store approximately one week before the incident, and had become angry because the gas pump was not functioning. The man told the victim that he would “see the victim later.”

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