State v. Jones

REINHARD, Judge.

Defendant was convicted by a jury of first degree assault. He was found by the court to be a prior and persistent offender and was sentenced to a term of twenty-five years’ imprisonment. He appeals; we affirm.

On appeal, defendant raises one point of error for our consideration. He contends that the trial court erred in overruling his motion for judgment of acquittal because the state’s evidence failed to prove defendant committed first degree assault in that the state’s witnesses testified that the victim was shot in the back, whereas medical evidence conclusively proved the…