Thomas v. State

Following a jury trial, Jeremiah Frank Thomas was convicted of kidnapping OCGA § 16-5-40 a. Thomas appeals from the denial of his motion for new trial, contending that the evidence was insufficient to sustain his conviction because there was no asportation of the victim. Thomas also contends that the circumstances of the offense, including evidence of his mental illness, established that he did not have the criminal intent to commit the offense. After a thorough review of the record, we conclude that Thomas’s movement of the victim was sufficient to establish asportation, and that the jury was authorized to find that he had the requisite criminal intent to commit the offense based on the facts and circumstances of the case. Accordingly, we affirm.

On appeal from a criminal conviction, we view the evidence in a light most favorable to the verdict, and Thomas no longer enjoys a presumption of innocence. See Bryant v. State, 304 Ga. App. 755, 755 1 697 SE2d 860 2010. “We do not weigh the evidence or resolve issues of witness credibility, but merely determine whether the evidence was sufficient to find Thomas guilty beyond a reasonable doubt.” Citation and punctuation omitted. Id.