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Jeremi Hoglenv.The State

CourtCourt of Appeals of Georgia
Docket No.A15A1755
DecidedMarch 29, 2016
Reporter270 Ga. App. 522
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal LawSufficiency of the EvidenceReversalSentencingRemandDissent
Case Summary

Jeremi Hoglen was convicted of aggravated assault and three counts of felony obstruction after police officers went to arrest him and his grandfather fired a gun during the encounter. Hoglen argued that the evidence did not show he was a party to the aggravated assault or that he obstructed the officers. The Court of Appeals reversed the aggravated-assault conviction because the evidence did not establish beyond the applicable review standard that Hoglen intentionally encouraged or participated in his grandfather’s shooting. It affirmed the obstruction convictions, concluding that his conduct toward officers engaged in official duties supported those counts. Because the aggravated-assault conviction affected the sentence, the court vacated the sentence and remanded for resentencing on the surviving convictions. The majority distinguished mere presence from proof of party liability and declined to infer participation solely from the family relationship and surrounding circumstances. One judge dissented, reasoning that Hoglen’s conduct before and after the gunshot allowed the jury to find that he intended his grandfather to intervene and use the firearm.

Opinion

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Jeremi Hoglen v. The State — The Atlanta Gleaner