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Gant v. State

Evidence that the first defendant stood nearby, holding a rifle, then fled with the assailants authorized the jury to find that the first defendant a party to the crimes of aggravated assault and two firearms offenses, which his accomplices committed.

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Jamal Gant and Dominique Billings were jointly tried and convicted of two counts of aggravated assault and two counts of possession of a firearm during commission of a crime. Billings was also convicted of aggravated battery. Both defendants appeal their convictions. In Case No. A08A0127, Gant challenges the sufficiency of the evidence supporting his convictions. In Case No. A08A0191, Billings contends that the trial court erred in admitting evidence of an attempt or conspiracy to sell marijuana and in failing to merge certain crimes of which he was convicted. For the reasons that follow, we affirm in both cases. A08A0127

1. The evidence was sufficient to sustain Gant’s convictions for aggravated assault and possession of a firearm during commission of a crime. On appeal from a criminal conviction, the evidence must be viewed in the light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence; moreover, an appellate court does not weigh the evidence or determine witness credibility but only determines whether the evidence is sufficient under the standard of Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979. As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the state’s case, the jury’s verdict will be upheld. Citation omitted. Millender v. State , 286 Ga. App. 331 1 648 SE2d 777 2007.

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