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Wilcox v. State

The defendant admitted being at the location where a burglary occurred and had items taken in the burglary on his person.

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Following a jury trial, Julius Cornell Wilcox was convicted of burglary.1 Wilcox appeals his conviction, challenging the sufficiency of the evidence. For the reasons noted infra , we affirm. Viewed in the light most favorable to the verdict,2 the record shows that shortly after midnight on May 22, 2008, an officer with the Fitzgerald Police Department observed Wilcox riding a bicycle while carrying a tire iron and a black saw case, and wearing what appeared to be a brand new tan leather tool belt around his waist. Due to the time of night and the officer’s awareness of a recent outbreak of burglaries in the area, the officer stopped Wilcox for questioning. When the officer requested identification, Wilcox stated that he did not have his driver’s license because he left it at home. Wilcox then gave his name as Cornell Wilcox, along with his birth date, and the officer ran that information through the Georgia Crime Information System “GCIS”. GCIS returned a notification that the Ben Hill County Sheriff’s Department had issued an arrest warrant for a Julius Wilcox with the same birth date “Cornell” had given to the officer. When asked if he knew a Julius Wilcox, Wilcox told the officer that Julius was his cousin.

Unable to sufficiently identify Wilcox, the officer called a deputy with the Ben Hill County Sheriff’s Department for assistance, but the deputy was also unable to identify Wilcox or otherwise determine if he was the subject of the outstanding warrant. When questioned as to why he was out so late, Wilcox explained that he was an independent contractor and had just left work at 127 Brunswick Avenue, where he had been “pulling up boards.” Not satisfied that Wilcox had accurately identified himself, the officers allowed Wilcox to ride his bicycle to his trailer to retrieve his identification while they followed in their patrol cars.

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