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Kilby v. State

The evidence authorized the jury to find that the defendant diverted $10,550 worth of PayPal donations intended for a no-kill shelter to her own personal bank accounts for her own use.

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Lowanda Kilby was charged under a 60-count indictment with 29 counts of theft by taking, 29 counts of computer theft, and one count each of theft by deception and violation of the Georgia Racketeering Influenced Corrupt Organizations Act. A jury found her guilty on every count. The trial court merged three counts of theft by taking into the racketeering conviction and each of the computer theft counts into the theft by taking convictions for sentencing. On appeal, Kilby argues that the evidence was insufficient to support her convictions on theft by taking and racketeering, and that the trial court erred in sentencing her for felony theft by deception and in failing to merge the remaining counts of theft by taking into each other when imposing her sentence. We find no error and affirm.

On appeal from a criminal conviction, the defendant no longer enjoys a presumption of innocence. See Preston v. State, 300 Ga. App. 433 685 SE2d 420 2009. We do not weigh the evidence nor assess the credibility of the witnesses, but determine only whether, viewing the evidence in the light most favorable to the jury’s verdict, a rational trier of fact could have found the essential elements of each crime beyond a reasonable doubt. Citation and punctuation omitted. Id.; see Jackson v. Virginia, 443 U. S. 307, 319 III B 99 SCt 2781, 61 LE2d 560 1979.

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