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Parker v. State

The identification evidence was sufficient to support the defendant's convictions for burglary, aggravated battery, aggravated assault, robbery by intimidation and robbery by force.

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Cedrick B. Parker was tried by jury and convicted of burglary, aggravated battery, aggravated assault, robbery by intimidation, and robbery by force. Following the denial of his motion for new trial, Parker appeals. He challenges the sufficiency of the evidence of identification, and he contends the trial court erred with regard to awarding restitution. We affirm his conviction but vacate the restitution order and remand for a hearing on that issue.

1. When the appellate courts review the sufficiency of the evidence, they do not “re-weigh the evidence” or resolve conflicts in the testimony; instead they defer “to the jury’s assessment of the weight and credibility of the evidence.” Citation omitted. Greeson v. State, 287 Ga. 764, 765 700 SE2d 344 2010. See also Glaze v. State, 317 Ga. App. 679, 680-6811 732 SE2d 771 2012. Appellate courts determine 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 emphasis omitted. Jackson v. Virginia, 443 U. S. 307, 319 III B 99 SC 2781, 61 LE2d 560 1979.

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