Gerald v. State

Appellant appeals his convictions for aggravated assault and battery. We conclude that the trial court properly denied Appellant’s motion for judgment of acquittal, and affirm without comment. We, however, agree with Appellant that his conviction for aggravated assault must be reduced to simple assault, because the jury’s verdict of guilt as to aggravated assault is truly inconsistent with its specific finding on the verdict form that Appellant did not possess a firearm during the aggravated assault.

Facts

On June 6, 2012, the victim drove with her two small children to a convenience store.…