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Stills v. State

Although the indictment reversed the victim's first and last names, this variance was not fatal.

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Delletorious Stills appeals his convictions of conspiracy to commit armed robbery, armed robbery, attempted armed robbery, aggravated assault, and possession of a firearm during the commission of a felony. Stills argues that the evidence at trial was insufficient to support the convictions. In particular, he argues that the evidence was insufficient as to the convictions relating to victim Bernardo Franco because the indictment listed that victim’s name as Franco Bernardo, but a mere misnomer is not a fatal variance. He argues that his convictions are founded on uncorroborated accomplice testimony, but slight evidence is sufficient to corroborate accomplice testimony, and multiple accomplices can corroborate one another’s testimony. Viewed accordingly the evidence was sufficient, and we therefore affirm.

When a defendant challenges the sufficiency of the evidence supporting his criminal conviction, “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.” Jackson v. Virginia, 443 U. S. 307, 319 III B 99 SCt 2781, 61 LE2d 560 1979 citation omitted; emphasis in original. It is the function of the jury, not the reviewing court, to resolve conflicts in the testimony, to weigh the evidence, and to draw reasonable inferences from the evidence. Id. “As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the state’s case, the jury’s verdict will be upheld.” Miller v. State, 273 Ga. 831, 832 546 SE2d 524 2001 citations and punctuation omitted.

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