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McCoy v. State

The trial court properly admitted similar transaction evidence in the defendant's trial for armed robbery, fleeing or attempting to elude a police officer, and obstruction of an officer, as the evidence was relevant to show intent, the probative value was not substantially outweighed by its undue prejudice and there was sufficient proof that the defendant committed the prior act.

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Following a jury trial, Everton McCoy was convicted of armed robbery, fleeing or attempting to elude a police officer, and obstruction of an officer.1 McCoy filed a motion for new trial, which the trial court denied, and he now appeals from that order. On appeal, McCoy contends that the trial court erred in admitting a prior bad act that was dissimilar to the charged crime and for which there was only a highly prejudicial identification of McCoy as the perpetrator. Upon our review, and for the reasons that follow, we affirm the trial court’s order denying McCoy’s motion for new trial.

On appeal from a criminal conviction, we view the evidence in the light most favorable to the jury’s verdict, and the appellant is no longer entitled to the presumption of innocence. Newsome v. State, 324 Ga. App. 665 751 SE2d 474 2013. We neither weigh the evidence nor assess the credibility of the witnesses, but determine only whether the evidence authorized the jury to find the appellant guilty of the crimes charged beyond a reasonable doubt. Byrd v. State, 325 Ga. App. 24 752 SE2d 84 2013.

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