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Mitchell v. State

One defendant did not show that his counsel was ineffective in also representing the other, as he failed to establish that counsel actively represented conflicting interests.

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Tony Maurice Mitchell and David Dawson were tried together on charges of burglary Count 1, criminal damage to property in the second degree Count 2, theft by taking Count 3, and misdemeanor obstruction of an officer Count 4. Both men were acquitted of Count 2, but they were found guilty of the remaining charges. They appeal, contending that the evidence was insufficient to authorize the convictions for burglary and obstruction of an officer. Dawson additionally contends that he received ineffective assistance of trial counsel, and that the trial court erred by not inquiring into his counsel’s possible conflict of interest and by not instructing the jury on his sole defense. Because we find no merit in the assertions, we affirm the convictions. 1. Mitchell and Dawson were charged with burglary by unlawfully entering the dwelling house and building of another to commit a theft.1 They contend the evidence was insufficient to support their convictions for burglary because there was no showing that they entered any building.2 This argument is unavailing.

When reviewing a challenge to the sufficiency of the evidence used to support a conviction, we view the evidence in the light most favorable to the jury’s verdict, and the defendant no longer enjoys the presumption of innocence.3 We do not weigh the evidence or determine witness credibility, but only determine if the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt.4

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