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Whaley v. State

The State conceded on appeal that it failed to prove a material allegation in the indictment, and the Court therefore reversed the defendant's conviction for reckless driving, but the evidence supported his convictions for hijacking a motor vehicle and possession of marijuana with intent to distribute.

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A Richmond County jury found Meguel Demarcus Whaley guilty of hijacking a motor vehicle, possession of marijuana with intent to distribute, possession of a firearm during the commission of a crime, fleeing and attempting to elude a law enforcement officer, reckless driving, violation of a Class C learner’s permit, and obstruction of a law enforcement officer. Whaley filed a motion for new trial, which the trial court denied. On appeal, Whaley contends that there was insufficient evidence to convict him of hijacking a motor vehicle, possession of marijuana with intent to distribute, and reckless driving. For the reasons discussed below, we affirm Whaley’s convictions for hijacking a motor vehicle and possession of marijuana with intent to distribute, but reverse his reckless driving conviction.

On appeal from a criminal conviction, the evidence is viewed in a light most favorable to the verdict. Stephens v. State, 247 Ga. App. 719 545 SE2d 325 2001. We neither weigh the evidence nor judge witness credibility, but only determine 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. Citation omitted; emphasis in original. Jackson v. Virginia, 443 U. S. 307, 319 III B 99 SCt 2781, 61 LE2d 560 1979. So long as there is some competent evidence, even though contradicted, to support each element of the State’s case, the jury’s verdict will be upheld. McLeod v. State, 245 Ga. App. 668, 669 1 538 SE2d 759 2000.

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