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Rogers v. State

The defendant dragged the victim from his car, tied the victim's hands behind his back, put grip pliers on the victim's toe and threatened to torture him, threatened to go get the victim's wife and told another man to kill the victim if he moved.

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Andrew Rogers, Jr. was indicted on charges of armed robbery, aggravated assault and kidnapping. After a jury trial, he was found guilty of kidnapping, but acquitted of armed robbery and aggravated assault. He appeals from the kidnapping conviction, arguing that the evidence was insufficient to support the conviction. We affirm. On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence.1 We do not weigh the evidence or determine 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

Terrell Johnson, who had known Rogers since the two were children, went to Rogers’ father’s home to help Rogers move. When Johnson arrived at the residence, Rogers approached Johnson’s car, opened the door, and pulled out a gun. Rogers told Johnson to get out of the car, that “this is a robbery.” Johnson told Rogers to stop playing around. A second man came to the vehicle, put a gun to Johnson’s head, told him it was a real robbery, and ordered Johnson out of the car. Rogers pulled Johnson out of the car and dragged him inside the house. The men tied Johnson’s hands behind his back and placed him on the floor. They ripped his pockets and took his jewelry.

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