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Frey v. State

The evidence was insufficient to support the defendant's conviction for criminal damage to an automobile, because the State failed to prove that the damage to the vehicle exceeded $500 as charged in the indictment.

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Cory Ray Frey appeals from his conviction of arson, criminal damage to a residence and a Jeep, and assault, as well as the denial of his motion for new trial. Frey contends that the trial court improperly commented on the evidence, that the State failed to prove criminal damage to the Jeep, and that the court erred by sentencing him as a recidivist. For the reasons that follow, we reverse Frey’s conviction of criminal damage to the Jeep but affirm Frey’s remaining convictions.

On criminal appeal, appellant is no longer presumed innocent and all of the evidence is to be viewed in the light most favorable to the jury verdict. This Court does not reconsider evidence or attempt to confirm the accuracy of testimony. Assessing a witness’s credibility is the responsibility of the factfinder, not this Court. Batten v. State, 295 Ga. 442, 443 1 761 SE2d 70 2014 citations omitted. Instead, we review the case to determine if the evidence, when viewed in the light most favorable to the prosecution, supports the verdict. Willis v. State, 263 Ga. 597, 598 436 SE2d 204 1993, citing Jackson v. Virginia, 443 U. S. 307 99 SCt 2781, 61 LEd2d 560 1979. Upon review of the sufficiency of the evidence, 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. Russu v. State, 321 Ga. App. 695, 696 1 742 SE2d 511 2013 punctuation and footnote omitted; emphasis in original.

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