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Bailey v. State

Circumstantial evidence supported the defendant's convictions arising from a burglary and a string of automobile break-ins and thefts.

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Brian Bailey and his brother Emmanuel Bailey were jointly indicted on 26 felony counts, including aggravated assault, burglary, entering a car with the intent to commit theft, firearms possession by a convicted felon, and other theft charges related to a burglary and a string of automobile break-ins and thefts in November and December 2009. Bailey’s brother pled guilty to the charges against him and testified as a defense witness that he committed all of the crimes by himself except one, which he committed with someone other than Bailey. A jury convicted Bailey of all charges except the aggravated assault, and after merging some offenses with others, the trial court sentenced him to an aggregate of 20 years, 12 to be served in custody. Bailey appeals, arguing that the State’s circumstantial evidence was insufficient to authorize a rational trier of fact to find him guilty of the crimes for which he was convicted because it did not eliminate the reasonable possibility that Bailey’s brother committed the offenses alone or with another man.1 After reviewing the briefs and the record, we affirm the trial court’s denial of Bailey’s motion for new trial.

On appeal, we view the evidence in the light most favorable to the verdict, and Bailey no longer enjoys a presumption of innocence. Campbell v. State, 278 Ga. 839, 840 1 607 SE2d 565 2005. This court determines only the sufficiency of the evidence, not the credibility of the witnesses, which is determined by the trier of fact. Matthiessen v. State, 277 Ga. App. 54 625 SE2d 422 2005; O’Bear v. State, 156 Ga. App. 100, 101 1 274 SE2d 54 1980.

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