Kolar v. State
Court of Appeals of Georgia
1Opinion of the Court
Blackburn, Presiding Judge.
Following a jury trial, Phillip Monroe Kolar appeals his conviction on one count of child molestation, 1 challenging the sufficiency of the evidence and arguing on constitutional grounds that the court should have sentenced him as a misdemeanant only. Discerning no error, we affirm.
1. When reviewing a defendant’s challenge to the sufficiency of the evidence, we view the evidence in the light most favorable to the jury’s verdict, and the defendant no longer enjoys the presumption of innocence. Short v. State. 2 We do not weigh the evidence or determine witness…
2Cases cited16 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Neder v. United StatesSupreme Court of the United States · 1999
- Ring v. ArizonaSupreme Court of the United States · 2002
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3Cited by2 opinions
- Algren v. the StateCourt of Appeals of Georgia · 2014
- State v. SmithSupreme Court of Georgia · 2010