Smart v. State

The evidence supported a used car dealer's convictions for having two unlicensed vehicles at his residential property in violation of a county ordinance.

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Following a bench trial, Vince Smart, a used car dealer, was tried and convicted of violating a Fayette County ordinance for having two unlicensed vehicles at his residential property. Smart appeals and primarily challenges the sufficiency of the evidence with regard to each vehicle. We review the case “under the standard espoused in Jackson v. Virginia, 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979 to determine if the evidence, when viewed in the light most favorable to the prosecution, supports the verdict.” Citation omitted. Mack v. State, 272 Ga. 415, 416-417 1 529 SE2d 132 2000. Because the evidence was sufficient under that standard and Smart’s other arguments lack merit or were not raised in the trial court, we affirm.

Construed in favor of the verdict, the evidence shows that in March 2011, a Fayette County marshal responded to a complaint that maintenance was being performed on untagged vehicles at Smart’s address. On March 15, the marshal observed two vehicles in the driveway without current tags displayed, but he was unable to contact anyone at the address, so he left his card. The following day, Smart called and stated that he owned a car dealership and would occasionally drive vehicles to his residence to perform minor repairs. The marshal returned on April 18, 2011 and observed two vehicles with out-of-state tags. In a subsequent telephone call, the marshal advised Smart that he could not bring business vehicles to his home to work on them without a “home occupation license,” which Smart admitted he did not have. The marshal testified that he read Section 302-8 of the “International Quality Maintenance Code” to Smart and advised him that “vehicles stored at his residence must be operational and have a license.”

Smart v. State

The evidence supported a used car dealer's convictions for having two unlicensed vehicles at his residential property in violation of a county ordinance.

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