Moton v. the State

Dillard, Judge.

Following trial, a jury convicted Earl Moton II, on two counts of misdemeanor public indecency. On appeal, Moton contends that the evidence was insufficient to support his convictions and that the trial court erred in (1) refusing to sentence him as a first offender, (2) denying his motion for a continuance of the hearing on his motion for new trial, and (3) denying his motion for new trial, in which he argued that the jury verdict was not unanimous. For the reasons set forth infra, we affirm.

Viewed in the light most favorable to the jury’s verdict, 1 the evidence shows that on…