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Pennington v. State

The defendant did not show that his counsel was ineffective in failing to invoke the rule of sequestration at the beginning of his trial, even though the prosecution called the victim's father as a witness after he sat in the courtroom during opening statements and the first three witnesses' testimony.

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A Gwinnett County jury found Derek Pennington guilty beyond a reasonable doubt of false imprisonment, OCGA § 16-5-41 a; burglary, OCGA § 16-7-1 a; and aggravated assault, OCGA § 16-5-21 a 2. He appeals from the denial of his motion for new trial, contending that the evidence was insufficient to support his convictions and that he received ineffective assistance of trial counsel. For the following reasons, we affirm. 1. Pennington contends that the State presented insufficient evidence to support his convictions, arguing that the victim’s pre-trial statements to police officers and her trial testimony were inconsistent, there was insufficient evidence to identify him as the perpetrator of the attack, and the testimony of one witness was improperly influenced by the prior testimony of other witnesses.1

When a criminal defendant challenges the sufficiency of the evidence supporting his or her conviction, “the relevant question 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 omitted; emphasis in original. Jackson v. Virginia , 443 U. S. 307, 319 III B 99 SC 2781, 61 LE2d 560 1979. It is the function of the jury, not this Court, to resolve conflicts in the testimony, weigh the evidence, and draw reasonable inferences from the evidence. Id. “As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, the jury’s verdict will be upheld.” Citation and punctuation omitted. Miller v. State , 273 Ga. 831, 832 546 SE2d 524 2001. Viewed in this light, the record reveals the following facts.

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