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Bynes v. State

Although the evidence supported the defendant's convictions for armed robbery and harming a police dog, the trial court erred in imposing a greater sentence than that allowed by law on the conviction for harming a police dog.

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On appeal from his conviction for armed robbery and harming a police dog, Devante Bynes argues that the evidence was insufficient and that the trial court erred when it refused Bynes’s requests for charges on the justified use of force in self-defense and theft by intimidation as a lesser included offense. We find no merit in these assertions, but we vacate the portion of Bynes’s sentence pertaining to his conviction for harming a police dog, which imposed a greater sentence than that allowed by law, and remand for resentencing.

On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, with the defendant no longer enjoying a presumption of innocence. Reese v. State, 270 Ga. App. 522, 523 607 SE2d 165 2004 citation omitted. We neither weigh the evidence nor judge the credibility of witnesses, but determine only 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. Jackson v. Virginia, 443 U. S. 307, 319 III B 99 SCt 2781, 61 LE2d 560 1979 citation omitted.

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