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El-Fatin v. State

The evidence supported the defendant's conviction for loitering or prowling after officers found him standing behind a condominium complex holding a sword in pre-dawn hours.

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A DeKalb County jury found Mosi El-Fatin guilty beyond a reasonable doubt of carrying a concealed weapon in violation of OCGA § 16-11-126 b;1 and loitering or prowling, OCGA § 16-11-36 a. Following the denial of his motion for a new trial, El-Fatin appeals, contending that the evidence was insufficient to authorize his conviction for loitering or prowling. For the following reasons, we affirm.

The record shows that the State charged El-Fatin under OCGA § 16-11-362 with committing the offense of loitering or prowling on October 14, 2008, based on his presence “in a manner not usual for law abiding individuals under circumstances that warrant a justifiable and reasonable alarm and immediate concern for the safety of persons or property in the vicinity” in that he “was standing behind a condominium complex holding a sword.” El-Fatin contends that the evidence established that he freely identified himself and otherwise cooperated with the officer who found him standing with a sword at that time and place, and that the explanation he gave to explain his presence and conduct was true and dispelled any alarm or immediate concern for the safety of persons or property in the vicinity. He contends that the statute prohibits conviction under such circumstances, citing OCGA § 16-11-36 b. That Code section provides:

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