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Love v. State

The evidence sufficiently corroborated one gunman's identification of the defendant as the other gunman that participated in the armed robbery and aggravated assault.

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Jonathan Michael Love was tried by a Gwinnett County jury and convicted on two counts each of armed robbery1 and aggravated assault.2 He now appeals from the denial of his motion for a new trial, asserting that the evidence was insufficient to prove that he was the man who committed the crimes at issue. We disagree and affirm.

When we consider whether the evidence is sufficient to sustain a conviction, we ask “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, punctuation, and footnote omitted. Cooper v. State, 299 Ga. App. 199, 200 682 SE2d 154 2009. Moreover, in determining whether the evidence suffices to sustain the defendant’s conviction, “we consider the inferences that can be logically derived from the evidence presented at trial.” Citation, punctuation, and footnote omitted. Martinez v. State, 306 Ga. App. 512, 519 1 702 SE2d 747 2010. And “as an appellate court, we do not weigh the evidence, judge the credibility of witnesses, or resolve conflicts in trial testimony.” Citation, punctuation, and footnote omitted. Id. at 514. Thus, “if the record contains some competent evidence to prove each element of the crime of which the defendant was convicted, even though that evidence may be contradicted, we must uphold the conviction.” Citations omitted. Ferguson v. State, 307 Ga. App. 232, 233 1 704 SE2d 470 2010.

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