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Barstad v. State

The presence of the victim's stolen property in the defendant's residence gave rise to an inference that he committed the crimes of burglary and theft by taking.

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Following a jury trial, James Barstad was convicted of burglary OCGA § 16-7-1 a 2010, theft by taking OCGA § 16-8-2, and obstruction of an officer OCGA § 16-10-24 b.1 Barstad appeals from the denial of his motion for new trial, alleging the following: the evidence did not support his convictions; he received ineffective assistance of counsel; and the trial court erred in sentencing him as a recidivist. After a thorough review of the record, we affirm.

“Following a criminal conviction, we view the evidence in the light most favorable to the jury’s verdict, and the defendant is no longer presumed innocent.” Citation omitted. Pyburn v. State, 301 Ga. App. 372 687 SE2d 909 2009. So viewed, the evidence shows that between June 30 and July 6, 2010, the victim and her family were on vacation. When the victim returned to her house in Douglas County, she noticed that the house had been ransacked and a window was broken. The victim discovered that the following had been stolen from her house: $300-$400 in cash, two flat screen televisions, all of the victim’s jewelry, two Coach purses, a Wii gaming system and several Wii games. The victim also noticed an open Coke Zero can on the kitchen counter. The victim testified that the soda can was not on the counter when she left on vacation.

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