Following a jury trial, Timothy L. Sims appeals his conviction for committing aggravated assault on a peace officer,1 fleeing or attempting to elude a police officer,2 and driving without a license.3 Sims asserts as error 1 that the evidence did not suffice to support a finding of guilt as to the aggravated assault charge, 2 that the trial court failed to instruct the jury on battery, 3 that the trial court failed to instruct the jury as to the manner of use of fists in the aggravated assault, and 4 that the trial court failed to properly instruct the jury as to the aggravated assault charge upon receiving a question from the jury. For the reasons that follow, we affirm. “On appeal from a criminal conviction, the evidence must be viewed in the light most favorable to support the verdict, and the defendant no longer enjoys a presumption of innocence; moreover, an appellate court determines evidence sufficiency and does not weigh the evidence or determine witness credibility.”4
So viewed, the evidence shows that while a uniformed deputy in a marked car was on patrol at approximately 3:30 a.m., he noticed a car make an improper wide turn and cross the road’s midline. The deputy activated his emergency lights and began pursuing the vehicle. The deputy activated his siren and chased the vehicle for more than a mile as it made several turns and failed to obey stop signs. Eventually, the car stopped, and as the deputy exited his vehicle, the driver continued for 200 more feet until he and his 2 passengers fled the moving vehicle. The deputy tackled the driver and one passenger, both of whom escaped his grasp. The deputy again tackled the fleeing driver, who hit the deputy in the chest, knocking the wind out of him and escaping. The deputy pursued and caught the driver again, and the driver wriggled out of his shirt and began punching the deputy in the head and face. The driver mercilessly punched the deputy who was holding the driver by his belt and hoping for backup to arrive. The driver then slid out of his pants and escaped, leaving the deputy with a concussion and a fracture to a facial bone.
