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Traylor v. State

The evidence supported the defendant's convictions for rape, aggravated sodomy and two counts of armed robbery.

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A Fulton County jury convicted Dathan Traylor of rape, OCGA §16-6-1 a, aggravated sodomy, OCGA § 16-6-2 a 2, and two counts of armed robbery, OCGA § 16-8-41 a. Following the denial of his motion for new trial, Traylor appeals, asserting that the evidence was insufficient to sustain the guilty verdict. He further argues that the trial court erred in denying his motion for mistrial and/or failing to give an appropriate curative instruction following inaccurate testimony related to a pretrial identification procedure and that his trial counsel rendered ineffective assistance. We find no reversible error and, therefore, affirm.

On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict and an appellant no longer enjoys the presumption of innocence. This Court determines whether the evidence is sufficient under the standard of Jackson v. Virginia, 443 U.S. 307 99 SCt 2781, 61 LEd.2d 560 1979, and does not weigh the evidence or determine witness credibility. Any conflicts or inconsistencies in the evidence are for the jury to resolve. As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, we must uphold the jury’s verdict.

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