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Colbert v. State

The evidence supported the defendant's conviction for aggravated battery because it showed that she shot her estranged husband twice, paralyzing him from the neck down.

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A jury found Cynthia Denise Colbert guilty of aggravated battery. Colbert appeals, challenging the sufficiency of the evidence and the trial court’s jury instructions. Finding no error, we affirm. 1. In reviewing the sufficiency of the evidence, we do not weigh that evidence or determine witness credibility.1 Instead, we construe the evidence in the light most favorable to the verdict and determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.2

Viewed in this manner, the evidence shows that at approximately three or four a.m. on July 21, 2001, Lehman Colbert the estranged husband of Cynthia Colbert, and his girlfriend, Gloria Grant, were in bed in Lehman’s home. Grant woke Lehman because she heard noises around the house. Lehman went outside to investigate. After determining that there was nothing there, he came back into the house and proceeded down the hallway to his bedroom. As his head passed the bedroom doorway, he was shot twice. He testified that the first shot made him feel “numb all over,” and that the second shot hit his chin. After the second shot, Colbert stepped into the hallway with a gun in her hand and pushed Lehman down, saying “you’re dead now, just go on and fall.”

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