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Barnes v. State

The defendant hit one victim with her car after attempting to hit another.

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A jury found Star Barnes guilty of one count of aggravated assault and one count of simple assault. Barnes appeals, alleging the evidence was insufficient to support the jury’s verdict. We find no error and affirm Barnes’ convictions. When reviewing the sufficiency of the evidence, we must determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.1 We view the evidence in the light most favorable to support the jury’s verdict, and the defendant no longer enjoys a presumption of innocence; moreover, this Court determines evidence sufficiency and does not weigh the evidence or determine witness credibility.2 Resolving evidentiary conflicts and inconsistencies, and assessing witness credibility, are the province of the fact-finder, not this Court.3 As long as there is some evidence, even though contradicted, to support each necessary element of the state’s case, the jury’s verdict will be upheld.4

Viewed in this light, the evidence showed that the two victims, a mother and her eleven-year-old daughter, went to a friend’s house for Thanksgiving dinner. Barnes, who had previously threatened the mother, showed up uninvited at the dinner, pushed the mother, and started a verbal and physical altercation with her outside the friend’s house. The guests at the dinner party left the house to help the mother. After Barnes pulled the mother’s hair and dug her fingernails into her neck, the daughter ran to assist her mother. Barnes began cursing at the daughter. She told the victims, “I am going to kill y’all’s ass,” and she told the mother specifically, “I am going to kill you.”

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