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Brown v. State

The trial court did not err in sentencing the defendant to the maximum 20-year term on each count based on his lack of remorse.

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A jury found Reginald Cortez Brown guilty of three counts of aggravated assault and one count of kidnapping and not guilty of an additional count of aggravated assault and two additional counts of kidnapping. Brown appeals, claiming that the trial court erred in i denying his motion for a directed verdict as to one of the aggravated assault counts, ii improperly responding to a jury question, iii finding that he received effective assistance of counsel, and iv sentencing him to twenty years imprisonment on each count. We find no error and affirm. On appeal from a criminal conviction, we view the evidence in the light most favorable to support the jury’s verdict, and the defendant no longer enjoys the presumption of innocence.1 Moreover, we do not weigh the evidence or consider 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.2

So viewed, the evidence shows that at approximately 8:30 p.m. on October 3, 2006, Kurnollion Butler, Bashona Mapp, and Rosa Davis, who were employees at a Family Dollar store in East Point, drove to a nearby bank after closing the store for the evening. Butler, who was the manager of the store, got out of her car and was walking toward the bank’s ATM to make a withdrawal when she was approached by Brown. Brown pointed a gun at Butler’s head and demanded that she give him “the deposit.” Butler understood Brown to be asking for the store’s money, and she told him that the money remained at the store because she made deposits in the mornings. Brown then demanded that they return to the store in Butler’s car to get the money.

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