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Barney v. State

Upon resentencing, the trial court was required to acknowledge on the record that it was aware of its discretion to suspend or probate a portion of the defendant's 20-year required sentences on his burglary convictions as a recidivist with three prior convictions.

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An Emanuel County jury convicted Eric LaShuwn Barney, II, of two counts of burglary. He appeals from the denial of his motion for new trial, arguing that the trial court committed plain error in failing to charge the jury on accomplice corroboration and in granting the State’s motion for re-sentencing. He also argues that the evidence was insufficient to support his convictions and that he received ineffective assistance of counsel. For the following reasons, we affirm his conviction, but vacate his sentence and remand the case to the trial court for re-sentencing.

On appeal from a criminal conviction, we view the evidence in the light most favorable to the jury’s verdict, and the defendant no longer enjoys the presumption of innocence. Newsome v. State, 324 Ga. App. 665, 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, 24 752 SE2d 84 2013.

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