Moon v. State

Andrews, Presiding Judge.

Pursuant to the grant of his motion for out-of-time appeal, Joseph Lee Moon appeals from the denial of his motion for new trial after his conviction for theft by taking. Moon was acquitted of the charge of kidnapping.

1. Moon challenges the sufficiency of the evidence regarding theft by taking in his third enumeration, and we consider it first.

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