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Scott v. State

The jury was authorized to find the defendant guilty of aggravated assault against each person in the group on which Scott opened fire.

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Following a jury trial, Antonio Scott appeals his conviction on six counts of aggravated assault1 and one count of aggravated battery,2 challenging the sufficiency of the evidence and arguing that the trial court erred in failing to merge the aggravated-assault counts and that the prosecutor acted arbitrarily in withdrawing a plea offer. Discerning no error, we affirm. 1. When reviewing a defendant’s challenge to the sufficiency of the evidence, 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 .3 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 .4

So viewed, the evidence shows that late on the evening of August 31, 1997, gunfire erupted from a dark blue car with chrome wheel rims that was approaching an intersection in Commerce, Georgia. In the car were four males clad in black t-shirts turned inside out, including Scott. Upwards of 40 shots were fired toward six people standing at the intersection, causing the group to scatter. The shots struck a stop sign and went into a nearby house, terrifying a grandmother who lay on the top of her granddaughter to protect her. When one of the six people at the intersection fell as he tried to escape, the car backed up next to him, and a person on the passenger’s side pointed a rifle at him. Despite the victim’s pleas for mercy, the shooter began firing, striking the victim in the back and collapsing his lung. The vehicle then drove away.

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