In re Ferguson

I agree with the majority that appellant’s convictions require reversal. However, I depart from the opinion insofar as it decides that, absent defense counsel’s improvident concession of guilt, the evidence related to the December 24th incident is sufficient for conviction. First, when reviewing for evidentiary sufficiency, this court’s deference to the trial court’s finding of guilt presupposes that the trier of fact has weighed the evidence, drawn justifiable inferences, and determined credibility.1 That did not happen here. The trial court made no independent assessment of the evidence and…