X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Following a jury trial, Franklin Griggs appeals his conviction for aggravated assault,1 theft by shoplifting,2 and battery.3 In addition to challenging the sufficiency of the evidence as to the aggravated assault conviction, he argues that the trial court erred in i failing to give an appropriate charge as to aggravated assault, ii giving a charge on the lesser-included offense of simple assault, and iii denying his motion for new trial that asserted a claim of ineffective assistance of counsel. 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 .4 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 .5

So viewed, the evidence shows that on December 23, 2006, a part-time loss prevention officer who otherwise worked full-time for the government as a police officer observed Griggs and a female companion enter a grocery store and remove several items from the shelves, concealing the items in aluminum foil. The officer alerted two store managers to station themselves at the store’s entrance, and when the couple exited the store without paying for the items, the officer and the managers confronted the couple outside the store, causing the couple to split up and run in different directions. After the officer successfully detained the female, he went to assist the managers, who were struggling with Griggs. During the struggle, Griggs had bitten the shoulder of one of the store managers breaking his skin, and had also stabbed the ankle of that manager with a pen so hard that the pen bent. The officer observed broken skin and blood on the manager’s ankle. The officer subdued and handcuffed Griggs, who later kept repeating, “I did it, I did it.” The officer took the couple back into the store, retrieving and photographing the stolen items. A patrol vehicle called by the officer took the couple to jail.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More

RECRUITMENT BONUS Newly hired employees from this recruitment may be eligible to receive bonus payments up to $3,000!* FLEXIBLE SCHEDULE: ...


Apply Now ›

Morristown, NJ; New York, NY Description: Fox Rothschild has an opening in multiple offices for a Counsel in our Litigation Department. The ...


Apply Now ›

The Forest Preserves of Cook CountyIs seeking applicants forDeputy Chief Attorney The Forest Preserves of Cook County is seeking a detail-o...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›