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Taylor v. State

The testimony of three eyewitnesses each identifying the defendant as the man who shot the victims was sufficient to support the defendant's aggravated assault convictions.

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Following a jury trial, Garard Toddrick Taylor was convicted of two counts of aggravated assault.1 He now appeals from the trial court’s denial of his new trial motion, asserting that the evidence was insufficient to sustain his convictions. We disagree and affirm. “In determining the sufficiency of the evidence to sustain a criminal conviction, we view the record in the light most favorable to the verdict, and without affording the defendant a presumption of innocence.” Culver v. State .2 So viewed, the evidence shows that on March 31, 2002, Taylor, Ryan Washington “Ryan”, and Andre Washington “Andre” were all attending a celebration following an Easter Sunday baseball game. At approximately 9:00 p.m. that evening, Taylor drove his truck to near where Ryan was standing and called him over. The two men began arguing and Taylor then exited his truck, carrying a gun. A mutual friend of Taylor and Ryan intervened and attempted to physically restrain Taylor. Although Taylor initially retreated back towards his truck, he “broke away” from the mutual friend and ran toward Ryan, firing his gun. One of Taylor’s shots hit Ryan and another hit Andre, who was standing several feet away. Taylor then returned to his truck and drove away with two other friends.

Taylor was subsequently arrested and charged with two counts of aggravated assault. Following his conviction, Taylor filed a motion for a new trial. The trial court denied that motion, and this appeal followed.

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