Fitzgerald v. State

Cooper, Judge.

Appellant appeals from his conviction by a jury of simple battery.

The evidence adduced at trial and at a hearing on several pretrial motions reveals that the victim, who was shopping at a K-Mart with her children, first noticed appellant standing in the checkout line behind her. When the victim exited the store and walked out into the parking lot, she saw appellant standing on the sidewalk next to the store building with a camcorder to his eye. The victim stated that appellant was moving such that she assumed he was filming into the parking lot. The victim and her children…