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Hopkins v. State

Defendant assisted in an attempted armed robbery and assault when he hit the male victim who was struggling for control of the co-defendant's gun.

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A Seminole County jury convicted Christopher D. Hopkins of aggravated assault, OCGA § 16-5-21 a. Following the removal of Hopkins’ trial counsel, the trial court granted Hopkins’ motion for an out of time appeal. Hopkins appeals, challenging the sufficiency of the evidence. Finding this assertion without merit, we affirm.

On appeal from a criminal conviction, the evidence must be construed in the light most favorable to the verdict, and the appellant no longer enjoys a presumption of innocence.1 To sustain the conviction, the evidence must be sufficient to authorize the jury’s finding of the defendant’s guilt of the crime charged beyond a reasonable doubt. Kapua v. State, 228 Ga. App. 193 1 491 SE2d 387 1997.

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