ROBERTS, J., for the Court:
¶ 1. A jury sitting before the Noxubee County Circuit Court found R.C. Hibbler guilty of statutory rape. The circuit court sentenced Hibbler to twenty years in the custody of the Mississippi Department of Corrections (MDOC). Hibbler appeals. Because we find merit to Hibbler's claim that he received ineffective assistance of counsel, we decline to address Hibbler's claims that there was insufficient evidence to find him guilty and that the jury's verdict is contrary to the overwhelming weight of the evidence. Consequently, we reverse the judgment of the circuit court and remand this matter for a new trial.
¶ 2. Hibbler's conviction stems from his contact with Jane,
¶ 3. The following Tuesday, Jane told an unidentified "case manager" that Hibbler had raped her the previous Saturday. She had not told her family or anyone else that Hibbler had raped her. The case manager told Jane's school counselor, Travonder McCloud, that Jane said she had been raped. That same day, McCloud relayed Jane's allegation to the Macon Police Department. Later that Tuesday, Robert Brown, the Macon Chief of Police, and Janie Tate, a social worker, took Jane to see Dr. Sykes,
¶ 4. On June 29, 2005, Hibbler voluntarily went with Chief Brown to the Noxubee
¶ 5. Hibbler went to trial in March 2008. The prosecution called Jane, who was sixteen years old at that time, as its first witness. The circuit court allowed the prosecution to ask Jane leading questions during direct examination due to what the circuit court later described as Jane's "obvious... diminished intellectual functioning."
¶ 6. Jane testified that on April 16, 2005, she had been playing outside Hibbler's house with Hibbler's twin daughters when Hibbler told her to "come in the house." Jane said that Hibbler "pulled [her] in [his] room" after she complied. According to Jane, Hibbler "put [her] on the bed" and "had sex with [her]." When asked to explain what she meant, Jane said, "He raped me." Jane testified that she did not see any of Hibbler's "body parts," but Hibbler hurt her and made her bleed. Jane further testified that when Hibbler was finished having sex with her, he slapped her and told her, "Don't tell." Jane said she then got dressed and ran home. When the prosecution asked Jane to identify Hibbler, the following exchange transpired:
The following exchange is Hosford's entire cross-examination of Jane:
¶ 7. Next, the prosecution called McCloud, who testified regarding her involvement in relaying Jane's report. During cross-examination, Hosford asked McCloud to elaborate regarding why she had been counseling Jane for approximately two years. McCloud responded that Jane "has what we call reactive attachment disorder. She has a diagnosis — she had a
¶ 8. The prosecution called Horne as an expert forensic interviewer. The prosecution asked Horne to explain "the protocol that [she] used" when she interviewed Jane. Horne explained, and then said that during her interview, Jane had said that Hibbler had "touched her on her pancake." Next, the prosecution asked Horne to identify a document. Horne again testified that Jane had said that she had been touched "on her pancake." Horne clarified that Jane meant "where you go to the potty." Hosford did not object to Horne's hearsay testimony.
¶ 9. Hosford finally objected when Horne began to testify as to what Jane said when Horne had asked Jane, "[W]hat did he touch you with[?]" The circuit court excused the jury from the courtroom. During arguments on the admissibility of Horne's hearsay testimony, the prosecution requested a hearing on the tender-years exception. The circuit court later stated that "Hosford should have objected to the testimony of the witness to begin with that she is not competent as a witness." The circuit court went on to state that "if you had made an objection to the child testifying ..., I might have declared the child unavailable." Ultimately, the circuit court held that Horne was prohibited from testifying as to what Jane said during her interview. However, the circuit court further held that Horne would be allowed to "testify as to her observations of [Jane's] demeanor," and that Horne could "offer an opinion as to whether or not the symptoms and characteristics she observed in [Jane were] consistent with the symptoms and characteristics of small children who have had sexual abuse." After the jury returned to the courtroom, Horne testified that Jane's "knowledge of sexual — her knowledge about the physical body changes in someone who is having sex. She shouldn't have that knowledge unless she's been provided that information from somewhere."
¶ 10. During cross-examination, Horne conceded that "[thirteen-]year[-]old children get pregnant every day." Horne also admitted that she had not asked Jane whether she had any other sexual experiences. Next, Chief Brown testified that his observation of Hibbler's bedroom was consistent with Jane's description.
¶ 11. Called as an expert witness, Dr. Burtman testified that Jane denied that she had ever had any sexual contact with anyone other than Hibbler. Dr. Burtman confirmed that Jane tested positive for chlamydia. Dr. Burtman testified that he decided to test Jane for sexually transmitted diseases after he discovered that Jane had a white vaginal discharge. According to Dr. Burtman, the only way that Jane could have tested positive for chlamydia was "if there was actual penile penetration of the vagina."
¶ 12. Dr. Burtman also testified that the antibiotic Azithromycin can successfully treat chlamydia in approximately two to four weeks. The prosecution asked Dr. Burtman the following hypothetical question: "If a male had [c]hlamydia on April the 16th, 2005, would he have time to clear up, say, in late June or July?" Dr. Burtman answered, "It's entirely possible even without treatment he may become negative after a matter of a few weeks. So, yes, by June he could be completely free of the disease."
¶ 13. On cross-examination, Dr. Burtman testified that Jane's hymen was intact
¶ 14. Hibbler's first witness was Jane's mother, Cathy.
¶ 15. Betty also testified that Cathy had said that an unspecified person persuaded Jane to falsely accuse Hibbler. Hosford never asked Betty whether she had tested positive for chlamydia. During cross-examination, the prosecution asked Betty to elaborate on whether she and Hibbler had ever had intercourse. Betty answered, "We make out every now and then." She also testified that Hibbler is "unable to even put his penis in anybody."
¶ 16. Hibbler chose to testify. He denied that he had sex with Jane. He also testified that he had been unable to obtain an erection during his and Betty's twenty-year marriage. Hosford attempted to introduce documentary evidence that Hibbler did not have chlamydia when he was tested at the Noxubee County Health Department. However, the circuit court would not allow Hosford to introduce those documents because Hibbler could not interpret the test results. However, Hibbler was allowed to testify that he did not receive any prescriptions to treat chlamydia as a result of his tests at the health department.
¶ 17. During a lunch recess, Hosford rushed to find a witness to sponsor the documents from the health department. He was able to call Linda Jones, a nurse employed by the health department. Jones testified that Hibbler tested negative for chlamydia during June 2005. However, to Hosford's apparent surprise, Jones eviscerated Hibbler's defense theories during cross-examination. That is, Jones noted that Hibbler had indicated that he had one female sexual partner on June 1, 2005. Jones further testified that Hibbler had also indicated that he had taken unspecified medication to treat bronchitis during the two weeks prior to his visit to the health department. According to Jones, if Hibbler had chlamydia, it could have cleared up if he had taken antibiotics to treat his bronchitis. On redirect, Jones reiterated that Hibbler tested negative for chlamydia during June 2005.
¶ 18. The prosecution called McCloud again during its rebuttal. McCloud bolstered Jane's credibility by testifying that McCloud had "never known [Jane] to be untruthful with [her]." As previously mentioned, the jury found Hibbler guilty of statutory rape, and the circuit court sentenced Hibbler to twenty years in the custody of the MDOC.
Finally, the affiant swore that she heard the juror make the following statements:
¶ 20. On February 5, 2010, the circuit court conducted an evidentiary hearing on Hibbler's post-trial motions. Although Hibbler had subpoenaed the former juror he accused of misconduct, the circuit court admonished Hibbler's attorney for doing so without first obtaining the circuit court's permission. Hibbler's attorney clarified that he had not interviewed or otherwise communicated with the former juror. Hibbler went forward with his motion for a JNOV or new trial. The prosecution called Hibbler's former attorney, Hosford, as a witness during the evidentiary hearing. Hosford's testimony is discussed below in greater depth. Ultimately, the circuit court found no merit to Hibbler's claim that he had received ineffective assistance of counsel. Hibbler appeals.
¶ 21. In general, we should address the merits of an ineffective-assistance-of-counsel claim on direct appeal only when "(1) the record affirmatively shows ineffectiveness of constitutional dimensions, or (2) the parties stipulate that the record is adequate to allow the appellate court to make the finding without consideration of the findings of fact of the trial judge." Robinson v. State, 68 So.3d 721, 723 (¶ 10) (Miss.Ct.App.2011) (citation omitted). Furthermore, on direct appeal, "[r]eview ... of an ineffective-assistance-of-counsel
¶ 22. Hibbler must prove that: (1) his counsel's performance was deficient, and (2) the deficient performance prejudiced his defense. Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). In so doing, Hibbler faces the "strong presumption that counsel's performance falls within the range of reasonable professional assistance." Robinson, 68 So.3d at 723 (¶ 9). To overcome that presumption, Hibbler "must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Id.
¶ 23. Hibbler raises several claims of ineffective assistance of counsel. First, Hibbler claims that Hosford was ineffective because Hosford did not interview any witnesses other than Hibbler. Hosford admitted that his defense theory relied entirely on the basis that Jane tested positive for chlamydia three days after the date she claimed Hibbler raped her, but Hibbler did not have chlamydia when he was tested approximately two months later. Hosford did not attempt to interview Jane. Nor did Hosford interview Hibbler's daughters, whom Jane had been playing with on the date that Jane said Hibbler raped her. Hibbler's daughters could have shed light on whether Hibbler called Jane into their house or whether Jane left abruptly and ran home.
¶ 24. Likewise, Hosford failed to interview Jane's father, who would have been the first person to encounter Jane after she returned from Hibbler's house. Hosford also failed to interview any of Jane's teachers, McCloud, or the unidentified person to whom Jane first reported her accusations against Hibbler. If Hosford had interviewed Dr. Burtman or Jones, whose expert testimonies caught Hosford by surprise and eviscerated his defense theories, Hosford could have been prepared to impeach them. "It takes no deep legal analysis to conclude that an attorney who never seeks out or interviews important witnesses and who fails to request vital information was not engaging in trial strategy." Davis v. State, 87 So.3d 465, 469 (¶ 21) (Miss.2012). "Basic defense... required complete investigation to ascertain every material fact about this case, favorable and unfavorable.... It required... interviewing every possible eyewitness, and getting statements from each." Triplett v. State, 666 So.2d 1356, 1361 (Miss.1995). The Mississippi Supreme Court has further held: "It is true that this Court should give deference to an attorney's judgment in what investigation
¶ 25. Additionally, Hosford failed to adequately cross-examine Jane. Hosford only asked her three questions during cross-examination, revealing only that Jane had tested positive for chlamydia three days after the day she claimed Hibbler raped her. Hosford claimed that he did not want to inflame the jury against Hibbler by appearing to attack Jane. But there are many degrees of cross-examination between "attacking" a witness and leaving her testimony unchallenged. Hosford could have treated Jane gently and still asked her why she did not tell her father that Hibbler had raped her as soon as she returned from Hibbler's home. Hosford could have also gently asked Jane why she waited until Tuesday to tell someone that Hibbler had raped her the previous Saturday.
¶ 26. Hosford also admitted that he had information that Jane had previously accused someone else of raping her, but Hosford incorrectly believed that he would unequivocally be prohibited from introducing the evidence. Hosford could have filed a motion under Rule 412 of the Mississippi Rules of Evidence to attempt to show that Jane's chlamydia was the result of sexual contact with a third party. It is true that "in a criminal case in which a person is accused of a sexual offense against another person, reputation or opinion evidence of the past sexual behavior of an alleged victim... is not admissible." M.R.E. 412(a). But there are exceptions to Rule 412(a). Under Rule 412(b)(2)(A), evidence of a victim's past sexual behavior with "persons other than the accused" is admissible if it is "offered by the accused upon the issue of whether the accused was or was not, with respect to the alleged victim, the source of ... disease." Hosford could have attempted to demonstrate that the person Jane had previously accused of rape was the actual source of Jane's chlamydia.
¶ 27. Hosford also had information that Jane had indicated that Hibbler did not rape her or otherwise have inappropriate contact with her, but Hosford never confronted Jane with that information. "Cross-examination is the principal means by which the believability of a witness and the truth of his testimony are tested." Davis v. Alaska, 415 U.S. 308, 316, 94 S.Ct. 1105, 39 L.Ed.2d 347 (1974). Hosford completely failed to challenge the believability of Jane's testimony. In effect, Hosford conceded it.
¶ 28. Hosford also failed to effectively cross-examine Dr. Burtman. According to Hosford, Dr. Burtman's testimony that "[i]t's entirely possible even without treatment [that Hibbler] may become negative [for chlamydia] after a matter of a few weeks" contradicted "all medical journals that [Hosford] had read." When asked to elaborate on his research, Hosford replied that he "went online and researched [chlamydia] on WebMD and several other medical sites." Hosford even claimed that he had brought documentation to trial that contradicted Dr. Burtman's testimony. However, Hosford had absolutely no explanation as to why he did not attempt to impeach Dr. Burtman's testimony with learned treatises. If Hosford had been adequately prepared for Hibbler's trial, Hosford could have asked Dr. Burtman about the incubation time of chlamydia, the effectiveness of various antibiotics, or whether Hibbler's test meant that he had never had chlamydia because
¶ 29. Furthermore, Hosford did not question Dr. Burtman regarding the likelihood that Hibbler's age and diabetic condition could have negatively impacted Hibbler's ability to sustain an erection. Nor was Hosford prepared to ask Dr. Burtman any questions regarding the incubation time necessary between exposure to chlamydia and a positive test for chlamydia. Had Hosford prepared, he could have confronted Dr. Burtman with the fact that "because [c]hlamydial infections rarely cause symptoms in women, they have a long incubation period" and "because the incubation period for [chlamydia] is 6-14 days, women may not relate their subtle symptoms to a distant exposure."
Gersten v. Senkowski, 426 F.3d 588, 608 (2d Cir.2005).
¶ 30. By calling Jones, Hosford set the stage for her to eviscerate the defense theories that Hibbler could not have been guilty because (a) he was a diabetic who suffered from erectile dysfunction; and (b) Jane had chlamydia three days after the date she claimed Hibbler raped her, and Hibbler did not have chlamydia two months after that date. Hibbler had already testified that he did not receive a prescription to treat chlamydia as a result of his visit to the health department. Because Hosford did not impeach Dr. Burtman's testimony with the learned treatises that Hosford claimed he brought to trial, Hosford's defense theory
¶ 31. The dissent cites Jackson v. State, 73 So.3d 1176, 1181 (¶ 20) (Miss.Ct.App. 2011) for the principle that "[i]nadequacy of counsel refers to representation that is so lacking in competence that the trial judge has the duty to correct it so as to prevent a mockery of justice." (Internal quotations omitted). However, the "mockery of justice" standard stems from precedent that predates the Supreme Court's decision in Strickland. See Diggs v. Welch, 148 F.2d 667, 669 (D.C.Cir.1945). As previously mentioned, Hibbler must prove that: (1) his counsel's performance was deficient, and (2) his counsel's deficient performance prejudiced Hibbler's defense. Strickland, 466 U.S. at 687, 104 S.Ct. 2052. The Supreme Court certainly did not base a prima facie case of ineffective assistance of counsel on an analysis of the sufficiency of the evidence, as the dissent seems to suggest. To the extent that the dissent finds that sufficient evidence equates to Hibbler's failure to demonstrate prejudice, the dissent fails to address the numerous instances of prejudice that this opinion highlights. And although there is corroborative evidence of the appearance of Hibbler's bedroom and the fact that Jane had sexual contact with someone, no evidence corroborated Jane's testimony that Hibbler had sex with her. Even if there had been more evidence to support a guilty verdict, the Supreme Court recently held that "[t]here are instances ... where a reliable trial does not foreclose relief when counsel has failed to assert rights that may have altered the outcome." Lafler v. Cooper, ___ U.S. ___, ___, 132 S.Ct. 1376, 1388, 182 L.Ed.2d 398 (2012).
¶ 32. "When determining if both prongs of the Strickland test have been met, deficient performance and resulting prejudice from those deficiencies, this Court must look to the totality of the circumstances." Payton, 708 So.2d at 563 (¶ 12). Hosford formed a defense theory based on a premise that he was unprepared to defend. Hosford was also unprepared to impeach the prosecution's witnesses because he incorrectly believed his faulty defense theory would be all that mattered. Hosford failed to present evidence that would have tended to rule out Hibbler as the source of Jane's sexually transmitted disease. As stated by the Second Circuit:
Gersten, 426 F.3d at 613-14.
¶ 33. Hibbler did not confess or otherwise admit that he was guilty. The prosecution did not present any evidence that corroborated Jane's testimony that Hibbler had sex with her. The prosecution's theory of Hibbler's guilt rested on the claim that Hibbler infected Jane with chlamydia, but somehow mysteriously cured himself. Essentially, this case boiled down to a question of whether Hibbler was more credible than Jane. And Hosford left Jane's credibility unchallenged because he incorrectly thought his faulty and incomplete defense theory
¶ 34.
LEE, C.J., IRVING AND GRIFFIS, P.JJ., ISHEE, MAXWELL, RUSSELL AND FAIR, JJ., CONCUR. BARNES, J., CONCURS IN PART AND IN THE RESULT WITHOUT SEPARATE WRITTEN OPINION. CARLTON, J., DISSENTS WITH SEPARATE WRITTEN OPINION.
CARLTON, J., dissenting:
¶ 35. I respectfully dissent, and I would affirm the conviction and sentence.
¶ 36. The record reflects that sufficient evidence existed in the present case to support the jury verdict, especially in light of our standard of review, where this Court must construe all evidence in the light most favorable to the verdict. McFee v. State, 511 So.2d 130, 133 (Miss.1987); see also James v. State, 86 So.3d 286, 297 (¶ 46) (Miss.Ct.App.2012) ("On review, we find, viewing the testimony in the light most favorable to the verdict, reasonable jurors could have found [the appellant] guilty.").
¶ 37. In his appeal, Hibbler raises claims of ineffective assistance of counsel. Specifically, Hibbler asserts his counsel failed to thoroughly conduct a pretrial investigation or interviews and deficiently examined witnesses. Mississippi jurisprudence applies the standard from Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), to such claims. See Collins v. State, 70 So.3d 1144, 1147 (¶ 16) (Miss.Ct.App.2011). Our supreme court has explained that a strong rebuttable presumption exists that trial counsel was competent and performed within the wide range of reasonable conduct expected of counsel. We further recognize
Jackson v. State, 73 So.3d 1176, 1181 (¶ 20) (Miss.Ct.App.2011) (internal citations and quotations omitted).
¶ 38. I submit that the record in this case is insufficient to raise any issue of presumed prejudice based upon the acts or omissions in the performance of Hibbler's counsel. Our jurisprudence establishes that when reviewing ineffective-assistance-of-counsel claims, prejudice will not be presumed, and the defendant must show a reasonable probability of a different outcome but for the counsel's alleged errors. Perry v. State, 682 So.2d 1027, 1031 (Miss. 1996).
¶ 39. The United States Court of Appeals for the Fifth Circuit case of Washington v. Watkins, 655 F.2d 1346, 1362 n. 32 (5th Cir.1981), discussed when prejudice may be presumed, explaining that:
(Quoting Ewing v. Williams, 596 F.2d 391, 395 (9th Cir.1979)).
¶ 40. The Washington court also cited Nelson v. Estelle, 642 F.2d 903, 905 n. 3 (5th Cir.1981), where the Fifth Circuit expressly declined to decide whether a petitioner must demonstrate prejudice in order to prevail on an ineffective-assistance-of-counsel claim on direct appeal when the ineffectiveness was premised upon "counsel's failure to object at trial to clearly inadmissible hearsay evidence." Washington, 655 F.2d at 1362 n. 32. The Washington court explained that "[t]he Nelson court noted that erroneous evidentiary rulings by state courts may be grounds for federal habeas corpus relief only if the erroneously admitted evidence sapped the trial of fundamental fairness[.]" Id. The Nelson court determined that the erroneously admitted evidence there failed to drain the state court proceedings of fundamental fairness. Id. The Nelson court therefore declined to provide the petitioner with "greater protection through an ineffective assistance claim than that to which he would have been entitled had he challenged the admission of the hearsay directly." Id.
¶ 41. The Washington court further explained that petitioners must show prejudice from the alleged ineffectiveness, such as by showing how uncalled witnesses would support an alibi or by showing what critical testimony unlocated witnesses would have provided in support of the defense. Id. (citing Buckelew v. United States, 575 F.2d 515, 521 (5th Cir.1978)); United States v. Doran, 564 F.2d 1176, 1177-78 (5th Cir.1977). In the present case, Hibbler's claims are based upon alleged acts or omissions of his counsel's performance, and I submit that Hibbler
¶ 42. Hibbler fails to show a reasonable probability that the outcome would have been different absent his counsel's alleged errors, since the record contains ample evidence and corroboration of Jane's claim of statutory rape. To meet the standard of presumed prejudice, the defendant must show that he was actually prejudiced and overcome the existing presumption that his counsel was competent. Moore v. State, 985 So.2d 365, 368-69 (¶ 10) (Miss.Ct.App. 2008). Additionally, judicial scrutiny of counsel's performance must be highly deferential, and counsel must be presumed competent. Russell v. State, 832 So.2d 551, 560 (¶ 18) (Miss.Ct.App.2002).
¶ 43. Moreover, I submit that Hibbler's claim of ineffective assistance of counsel should not be addressed by this Court on direct appeal. Instead, this issue is more appropriately raised by a petition for post-conviction collateral relief.
¶ 44. Since the appellant's claims in this case relate to issues of pretrial preparation, trial strategy, and sufficiency of witness examinations, such as the cross-examination of the child victim, I submit that these claims are beyond the proper scope of direct appeal, and absent an abuse of discretion, we must affirm the factual findings of the trial judge. As this Court stated in Collins, I "cannot find that ... the jury verdict would have been different." Collins, 70 So.3d at 1148 (¶ 18). It is well settled that "the jury determines the weight and credibility to give witness testimony and other evidence." Id.; see also Moore v. State, 933 So.2d 910, 922 (¶ 43) (Miss.2006).
¶ 45. In this case, the trial judge conducted an evidentiary hearing after the jury verdict. The trial court denied Hibbler's motion for a JNOV or, in the alternative, a new trial. Viewing all evidence in the light most favorable to the verdict, I find no abuse of discretion in the trial court's denial of Hibbler's post-trial motions. See Taylor v. State, 744 So.2d 306, 312 (¶ 17) (Miss.Ct.App.1999) (finding we will not disturb a jury's finding on conflicting testimony where there is substantial evidence to support the verdict). We review the factual findings of the trial court for abuse of discretion. See Rutland v. State, 60 So.3d 137, 142 (¶ 18) (Miss.2011) (motion for new trial reviewed for abuse of discretion) (citations omitted). See also M.R.A.P. 22(b).
¶ 46. A review of the record reflects sufficient evidence in support of the verdict, particularly in light of our standard of review.
¶ 47. Jones further explained that when taking the medical history from Hibbler in 2005 for testing, he stated that he had last engaged in sexual intercourse on June 1, 2005. He also stated that he never used condoms. Jones stated that Hibbler failed to mention any inability to engage in sexual intercourse. She testified that he instead admitted to having sexual intercourse on June 1, 2005. This testimony contradicts and impeaches the trial testimony of Hibbler and his wife that he could not engage in sex and that he had not done so for twenty years.
¶ 48. Testimony supporting the verdict also includes that of the child victim, and this case boils down to a case of credibility. Jane's testimony was clearly supported and corroborated by other evidence, including her behavior and ability to recall details of Hibbler's bedroom, which was corroborated by the testimony of other witnesses. Jane testified that Hibbler raped her, and she reported the rape to her counselor.
¶ 49. The record further reflects that Travonder McCloud, who served as a mental-health therapist with Community Counseling Services, testified that Jane reported the rape to a case manager at the counseling center, who then reported the rape to McCloud. McCloud testified that she had worked with Jane approximately two years prior to the incident of sexual abuse and that after the reported incident, Jane became withdrawn. A licensed personal counselor, Carla Horne, also testified, providing support for the jury's verdict. Horne opined that the level of detail and the hesitancy of Jane in discussing the incident were consistent with a child who had been sexually abused.
¶ 50. Additionally, the testimony of the Macon Police Chief, Robert Brown, further corroborated Jane's description of Hibbler's bedroom, including the furniture and bedding. Dr. Mark Burtman's testimony confirmed sexual activity. He explained his diagnosis that Jane suffered from chlamydia and his conclusion that her hymen was consistent with one not sexually active.
¶ 51. Based upon the foregoing, and after a review of the sufficiency of the evidence in the record, I conclude that in light of our standard of review of jury verdicts, we must affirm the trial court's judgment. The record reflects that the evidence, along with its reasonable inferences, sufficiently supports the verdict of the jury and the conviction. See Cousar v.