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McClendon v. State

The defendant's passenger shot at the victim and the defendant scaled a fence after leading officers on a high-speed chase.

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A Fulton County jury found Shamall McClendon guilty beyond a reasonable doubt of aggravated assault, OCGA § 16-5-21 a 2 with a deadly weapon; possession of a firearm during the commission of a felony, OCGA §16-11-106; and fleeing or attempting to elude a police officer, OCGA § 40-6-395. Following the denial of his motion for a new trial, McClendon appeals, challenging several evidentiary rulings, the sufficiency of the evidence, a jury instruction, and other rulings. Finding no error, we affirm. 1. McClendon challenges the sufficiency of the evidence as to the aggravated assault conviction.1 On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict and an appellant no longer enjoys the presumption of innocence. This Court determines whether the evidence is sufficient under the standard of Jackson v. Virginia, 443 placecountry-regionU. S.307 99 SC 2781, 61 LE2d 560 1979, and does not weigh the evidence or determine witness credibility. Any conflicts or inconsistencies in the evidence are for the jury to resolve. As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, we must uphold the jury’s verdict.

Citations omitted. Rankin v. State , 278 placeStateGa. 704, 705 606 SE2d 269 2004. The standard of Jackson v. Virginia is met if the evidence is sufficient for any rational trier of fact to find the defendant guilty beyond a reasonable doubt of the crime charged. Clark v. State , 275 placeStateGa.220, 221 1 564 SE2d 191 2002.

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