As noted earlier in the opinion, Velazquez's felony murder conviction predicated on aggravated assault on a peace officer was "vacated by operation of law," Graves, 298 Ga. at 556 (4), 783 S.E.2d 891, and Velazquez's aggravated assault on a peace officer Count merged with the malice murder count. Consequently, Velazquez was not "convicted of or sentenced" for these counts, Worthen, 304 Ga. at 865 (2), 823 S.E.2d 291, and his challenge to the sufficiency of the evidence as to these counts is moot See CollettvState, 305 Ga. 853, 855 n.2, 828 S.E.2d 362 (2019). When assessing a challenge" to the sufficiency of the evidence as a matter of constitutional due process, the evidence presented at trial is viewed in the light most favorable to the verdicts to determine whether any rational trier of fact could have found the defendant guilty beyond a reasonable doubt of all the crimes of which he was convicted.
"In cases like this one where convictions are based on circumstantial evidence, the evidence must be ‘consistent with the hypothesis of guilt’ and ‘exclude every other reasonable hypothesis save that of the guilt of the accused.’ " Collett v. State , 305 Ga. 853, 855 (1), 828 S.E.2d 362 (2019) (quoting OCGA § 24-14-6 ). Whether the evidence excludes every other reasonable hypothesis is a question for the factfinder.
"In cases like this one where convictions are based on circumstantial evidence, the evidence must be ‘consistent with the hypothesis of guilt’ and ‘exclude every other reasonable hypothesis save that of the guilt of the accused.’ " Collett v. State , 305 Ga. 853, 855 (1), 828 S.E.2d 362 (2019) (quoting OCGA § 24-14-6 ). Whether the evidence excludes every other reasonable hypothesis is a question for the factfinder.
In any event, because this left no conviction into which the other counts could have merged, the claim fails. See Collett v. State , 305 Ga. 853, 855 (1) n.2, 828 S.E.2d 362 (2019) ; White v. State , 287 Ga. 713, 714-715 (1) (a), 699 S.E.2d 291 (2010).
While Beamon alleges that the evidence presented at trial was insufficient to sustain all of the jury's guilty verdicts, his challenges to the felony murder and aggravated assault counts are moot because those counts were merged or vacated by operation of law, and no sentence was entered on them. See Collett v. State , 305 Ga. 853, 855 (1) n.2, 828 S.E.2d 362 (2019).
While Carter challenges the sufficiency of the evidence to sustain both guilty verdicts against him, his challenge to the felony murder count is moot because that count was vacated by operation of law. See Collett v. State , 305 Ga. 853, 855 (1) n.2, 828 S.E.2d 362 (2019). (a) Carter first argues that the evidence was insufficient because there was no evidence that he was a party to Mills's murder.
While Garay challenges the sufficiency of the evidence to sustain all of the guilty verdicts against him, his challenges to the counts other than malice murder (Count 1), criminal attempt to commit armed robbery (Count 4), and possession of a firearm during the commission of a felony (Count 7) are moot because those counts were merged or vacated by operation of law. See Collett v. State , 305 Ga. 853, 855 (1) n.2, 828 S.E.2d 362 (2019).
See Collett v. State, 305 Ga. 853, 855-856 (1) (828 S.E.2d 362) (2019) (discussing evidence that body of child victim was found in brush pile behind her home, that she had scratch marks and bruising on her face and neck, and that multiple fibers from appellant's clothing were found on victim's clothing as circumstantial evidence of appellant's guilt). The jury was also presented with evidence of McNabb's drug use and its effect on his behavior, that he was the last person to see Caliyah before she was reported missing, and that he behaved bizarrely and suspiciously after Caliyah was reported missing.
Any challenge as to the sufficiency of the evidence as to these counts is moot. See Collett v. State , 305 Ga. 853, 855 (1) n.2, 828 S.E.2d 362 (2019) (holding that the appellant's challenges to the sufficiency of the evidence to sustain guilty verdicts on counts that were merged or vacated by operation of law were moot). Further, as a matter of Georgia statutory law, "[t]o warrant a conviction on circumstantial evidence, the proved facts shall not only be consistent with the hypothesis of guilt, but shall exclude every other reasonable hypothesis save that of the guilt of the accused."
Cochran v. State , 305 Ga. 827, 829 (1), 828 S.E.2d 338 (2019). Whether the evidence excludes every other reasonable hypothesis is a question for the jury, see Collett v. State , 305 Ga. 853, 855-856 (1), 828 S.E.2d 362 (2019), and that finding will not be disturbed on appeal unless the verdict is insupportable as a matter of law, see Akhimie v. State , 297 Ga. 801, 804 (1), 777 S.E.2d 683 (2015). Hughs claims that the evidence did not exclude the reasonable hypotheses that someone else in the home committed an act upon Kaidence that caused her to stop breathing or the possibility that Kaidence's death was the result of unexplained or natural causes.