Milliken v. State

Birdsong, Presiding Judge.

Appellant Leonard Scott Milliken appeals his conviction of aggravated assault, kidnapping, and DUI. Held:

1. Appellant’s contention that there is insufficient evidence to sustain his conviction of kidnapping and aggravated assault, under a Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) standard, is without merit.

On appeal the evidence must be viewed in the light most favorable to support the verdict, and appellant no longer enjoys a presumption of innocence; moreover, an appellate court determines evidence sufficiency and does not weigh the evidence or…