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Bragg v. State

Conviction for aggravated stalking reversed, since an element of the offense was that the contact be without the victim's consent and the victim testified that she agreed to meet with the defendant on the date of incident in question.

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Following a bench trial, the court found Joseph Bragg guilty of aggravated stalking, aggravated assault, and kidnapping.1 In two enumerations of error, Bragg challenges the sufficiency of the evidence supporting his conviction. For reasons that follow, we agree that the evidence was insufficient to support Bragg’s conviction for aggravated stalking. However, as ample evidence supported his convictions for aggravated assault and kidnapping, we affirm as to those convictions. On appeal from a criminal conviction, Bragg no longer enjoys a presumption of innocence, and we view the evidence in a light most favorable to the verdict.2 We neither weigh the evidence nor determine witness credibility, but merely determine whether the evidence was sufficient for a rational trier of fact to find Bragg guilty of the charged offenses beyond a reasonable doubt.3

Viewed in this manner, the evidence shows that Bragg was married to the victim. Approximately 20 days after the wedding, Bragg accused his wife of “looking” at another man and flew into a jealous rage. Over the next 18 hours, Bragg held his wife hostage, beat her with a metal bat, and threatened her with a gun. Bragg pleaded guilty to aggravated assault and family violence battery as a result of this incident. He was sentenced to probation, with a portion of the sentence to be served at a probation detention center. As a condition of his probation, Bragg was to have no contact with the victim.

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