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Harris v. State

The evidence did not show that the automobile parts the defendant stole from a closed automobile recycling business exceeded $100 in value and thus did not support a felony conviction for theft by taking.

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Following a bench trial, Gary Jerome Harris was convicted of burglary O.C.G.A. § 16-7-1 and felony theft by taking O.C.G.A. § 16-8-2. He appeals from his convictions and the denial of his motion for new trial, contending that the evidence was insufficient to support his conviction of burglary and that the State failed to prove that he unlawfully took auto parts exceeding $100 in value. We affirm the convictions. However, we find that the evidence was insufficient to prove that Harris had stolen auto parts that exceeded $100 in value. Therefore, we vacate the felony sentence for the theft by taking offense and remand the case with direction that the conviction and sentence be entered for misdemeanor theft by taking.

In determining sufficiency of the evidence, the proper inquiry 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.” Citation and punctuation omitted. Stokes v. State, 317 Ga. App. 435, 436 731 SE2d 118 2012. “In a bench trial, the trial court sits as the trier of fact and its findings cannot be set aside unless they are clearly erroneous. In Georgia, it is well-settled that the clearly erroneous standard for reviewing findings of fact is equivalent to the highly deferential any evidence test.” Citations and punctuation omitted. Id.

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