X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

A Henry County jury convicted Alberto Juan Morales of aggravated assault OCGA § 16-5-21 a 2.1 On appeal, Morales argues that the evidence was insufficient to support his conviction. He also contends that the trial court erred in i denying his motion for directed verdict and ii allowing a witness’s statement to police to be read to the jury after the jury began deliberations. Finding no error, we affirm. Viewed in the light most favorable to the jury’s verdict Drammeh v. State , 285 Ga. App. 545, 546 1 646 SE2d 742 2007, the evidence shows that on the evening of September 3, 2005, the victim and others were drinking beer and conversing on the porch of Cesar Hernandez’s Henry County residence. The victim was sitting on the porch railing. According to the victim, Morales pushed him off of the railing, and then walked down the stairs and over to the victim, who was lying prone, where he kicked the victim in the mouth. Hernandez testified that he saw Morales push the victim, who fell to the ground. In his statement to police, Hernandez claimed that he saw the victim and Morales arguing; that Morales pushed the victim; and that Morales kicked the victim two times in the face. When the victim was brought to the hospital, he was paralyzed from the chest down. A medical examination revealed injuries to the victim’s spine, but not to his head.

1. Morales claims that the evidence was insufficient to support his conviction for aggravated assault. We disagree. Upon this Court’s review of a criminal defendant’s challenge to the sufficiency of the evidence supporting a conviction, the relevant question is 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. Citation, punctuation, and emphasis omitted. Robinson v. State , 296 Ga. App. 561 675 SE2d 298 2009.

 
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
October 24, 2024
Georgetown, Washington D.C.

The National Law Journal honors attorneys & judges who've made a remarkable difference in the legal profession in the D.C. area.


Learn More
October 29, 2024
East Brunswick, NJ

New Jersey Law Journal honors lawyers leaving a mark on the legal community in New Jersey with their dedication to the profession.


Learn More
November 07, 2024
Orlando, FL

This event shines a spotlight on the individuals, teams, projects and organizations that are changing the financial industry.


Learn More

With bold growth in recent years, Fox Rothschild brings together 1,000 attorneys coast to coast. We offer the reach and resources of a natio...


Apply Now ›

About Us:Monjur.com is a leading provider of contracts-as-a-service for managed service providers, offering tailored solutions to streamline...


Apply Now ›

Dynamic Boutique law firm with offices in NYC, Westchester County and Dutchess County, is seeking a mid level litigation associate to work ...


Apply Now ›