Cook v. State

After a bench trial, James Cook was found guilty of hijacking a motor vehicle, armed robbery, aggravated assault, and possession of a firearm during a felony. He appeals from the denial of his motion for a new trial,1 asserting on general grounds that the “verdict was contrary to the evidence and without evidence to support it.” For the following reasons, we affirm. Following a criminal conviction, we view the evidence in the light most favorable to the verdict, and the presumption of innocence no longer applies; further, an appellate court does not weigh the evidence or judge witness credibility, but rather determines whether the adjudication of guilt is supported by sufficient competent evidence.2 “When the sufficiency of the evidence is challenged, we use the test established by Jackson v. Virginia 3 to determine whether the evidence was sufficient for any rational trier of fact to find the defendant guilty of the crimes charged.”4 “As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the state’s case, the verdict will be upheld.”5 “In bench trials, the findings of the trial court will not be set aside unless clearly erroneous.”6

So viewed, the evidence shows that on July 17, 2002, Cook called his father, James Smith, and asked him to come to his house and for help in obtaining marijuana for his companions. Smith, who has a history of possessing and selling marijuana, said he did not have any, so Cook then asked Smith to drive him and two companions to get their car. Smith drove the car, with Cook and one man in the back seat, and the other man in the front passenger seat. As Smith began to drive, the front-seat passenger pulled out a gun and said, “You know what it is.” Smith believed he was being robbed, but refused to pull over. The front-seat passenger then shot Smith in the leg. Smith steered into the right emergency lane and the front-seat passenger pushed Smith out of the car and onto the highway near oncoming traffic. During the incident, Cook did not say or do anything to intervene. The front-seat passenger got in the driver’s seat and drove up the road a short distance. Cook then got out of the car, walked back and looked at Smith lying on the ground, but returned to the car without rendering aid.