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Newman v. State

The evidence authorized the jury to find that an officer's concern for the safety of the property in the parking lot where he observed the defendant standing was warranted and the Court therefore affirmed the defendant's loitering conviction.

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Following his conviction for loitering, obstruction of an officer, possession of marijuana, and possession of a firearm by a felon, Dorsey Newman III appeals. Newman contends that insufficient evidence supported his conviction for loitering and that his trial counsel rendered ineffective assistance for failing to file a motion to suppress. For the following reasons we affirm.

1. Newman contends that the State presented insufficient evidence to support his conviction for loitering. When a criminal defendant challenges the sufficiency of the evidence supporting his conviction, the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Lopez-Vasquez v. State, 331 Ga. App. 570 1 771 SE2d 218 2015; Jackson v. Virginia, 443 US 307, 319 III B 99 SCt 2781, 61 LEd2d 560 1979.

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