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Jackson v. State

The defendant's contention that currency is not a device commonly used in the commission of theft by deception and could not support his conviction for possessing crime tools, rejected, since the indictment charged the defendant with possession of currency bundled in a specific manner to facilitate flim-flam scheme to defraud the victim.

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Sylvester Jackson appeals after a jury found him guilty of possession of tools for the commission of a crime. OCGA §16-7-20. Jackson contends that the evidence was insufficient because currency is not a “device” that is commonly used in the commission of theft by deception. We disagree and affirm. On appeal from a criminal conviction, the evidence must be viewed in the light most favorable to the verdict and the defendant no longer enjoys the presumption of innocence; moreover, an appellate court does not weigh the evidence or determine witness credibility but only determines whether the evidence is sufficient under the standard of Jackson v. Virginia, 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.

So viewed, the evidence at trial was that Jakeitha Nipper was going into a bank on the day in question when a woman came up to her and told her that she had been “blessed” with a large sum of money and wanted to share it. Nipper said that a man was standing nearby and appeared to be listening. The woman, later identified as Jackson’s co-defendant Juanita Lewis, included the man, later identified as co-defendant Jimmy Moses, in the invitation to share the money and told Nipper that she wanted to sit in Nipper’s car and divide the money. The woman showed Nipper what was in the black bag she was carrying. The bag contained a bundle of two hundred $1 bills with a $100 bill on either end. It also contained a card with $10,000 written on it. Nipper refused to get in her car and said she did not want any of the money. The man and woman walked off in different directions, but Nipper continued to watch them and saw them meet later at a car in the parking lot.

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