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Parham v. State

The defendant's sentence of 10 years with the last five years to be served on probation for his felony shoplifting conviction was vacated and remanded for resentencing, since the trial court erred in considering the defendant's plea that was taken without the benefit of counsel.

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Charles Frank Parham appeals his conviction for felony shoplifting. He contends the trial court erred by denying his motion for a directed verdict and by considering in aggravation of punishment his earlier guilty plea that was entered without benefit of counsel. Parham also contends the verdict was strongly against the weight of the evidence. Although we find no error in the denial of the motions attacking the verdict, we must reverse the sentence imposed because the trial court considered a prior conviction which was entered without the benefit of counsel.

1. When an appellate court reviews the sufficiency of the evidence, “the proper standard for review is whether a rational trier of fact could have found the defendant guilty beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.” Dean v. State, 273 Ga. 806, 806-807 1 546 SE2d 499 2001. We review the evidence in the light most favorable to the verdict, giving deference to the jury’s determination of the proper weight and credibility to be given. Id. at 807 1. It is the function of the jury, not an appellant court, to assess the credibility of the witnesses, to resolve any conflicting evidence, and to determine the facts. Butler v. State, 273 Ga. 380, 382 541 SE2d 653 2001. If competent evidence exists, though contradicted, to support the facts necessary to prove the State’s case, we will not reverse the jury’s verdict. Childress v. State, 251 Ga. App. 873, 876 2 554 SE2d 818 2001.

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