Kelley v. State

Bernes, Judge.

ADeKalb County jury convicted Deon Dorial Kelley of one count of aggravated assault with a deadly weapon. Kelley appeals from the denial of his amended motion for new trial, contending that the trial court committed reversible error by declining to give his requested jury instruction on “mere presence.” For the following reasons, we affirm.

“On appeal from a criminal conviction, the evidence must be construed in a light most favorable to the verdict, and the appellant no longer enjoys a presumption of innocence.” (Citation and punctuation omitted.) Harris v. State, 276 Ga. App.…