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Konecny v. State

The discovery of the victim's body in the defendant's truck corroborated his accomplice's account that the defendant masterminded the arson to destroy evidence at the crime scene.

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On appeal from his conviction for arson and other crimes, Mario Konecny argues that the trial court erred in its handling of the jury and that the evidence was insufficient as to the charges of arson and possession of a firearm during the commission of an aggravated assault. We find no error and affirm. “On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, with the defendant no longer enjoying a presumption of innocence.” Reese v. State , 270 Ga. App. 522, 523 607 SE2d 165 2004. We neither weigh the evidence nor judge the credibility of witnesses, but determine only whether, after viewing the evidence in the light most favorable to the prosecution, a “rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia , 443 U. S. 307, 319 III B 99 SC 2781, 61 LE2d 560 1979.

So viewed, the record shows that the victim was in a relationship with Leslie Slater, an exotic dancer, who spent most nights at the victim’s home. Konecny was a friend of the victim and a frequent visitor to his house. Before the time at issue, Slater had noted Konecny’s irrationality, including his fears that he would die of skin cancer, his belief that the victim and he had made a murder-suicide pact, and his ideas that the victim owed millions to the mob and should be killed because he the victim needed to collect on a life insurance policy.

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