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Hernandez v. State

After the victim offered a ride to defendant and his accomplice, the two men pulled guns on the victim, drove him to another location, beat him and robbed him.

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Following a jury trial, Gregoria Martines Hernandez appeals his convictions for armed robbery, kidnaping, and simple battery, contending that the trial court erred by denying his motion for a directed verdict of acquittal. Because the evidence supported the verdict, we affirm.

On appeal the evidence must be viewed in the light most favorable to support the verdict, and Hernandez no longer enjoys a presumption of innocence; moreover, an appellate court determines evidence sufficiency and does not weigh the evidence or determine witness credibility. The standard for reviewing a denial of a motion for a directed verdict of acquittal is whether under the standard of Jackson v. Virginia,1 the evidence was sufficient for a rational trier of fact to find beyond a reasonable doubt that Hernandez was guilty of the charged offense. Moreover, the test established in Jackson is the proper test for us to use when the sufficiency of the evidence is challenged, whether the challenge arises from the overruling of a motion for directed verdict or the overruling of a motion for new trial based upon alleged insufficiency of the evidence.

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