A Gwinnett County jury found Jeron Hawkins guilty beyond a reasonable doubt of criminal trespass, OCGA § 16-7-21 b 1; burglary, OCGA § 16-7-1 a; and unlawful eavesdropping and surveillance, OCGA § 16-11-62 3. He appeals from the denial of his motion for new trial, contending that the evidence was insufficient to support his conviction for unlawful eavesdropping and surveillance, that his convictions for criminal trespass and burglary were based upon the same act and should been have merged, and that his convictions were illegal because the magistrate judge who presided over his trial and motion hearing was unauthorized to do so. As explained below, we find that the evidence was sufficient to support his convictions, but that his criminal trespass conviction merged into his burglary conviction as a matter of law and fact. We also conclude that Hawkins’ challenge to the judge’s authority is without merit. Consequently, we confirm the judgment on his convictions, but vacate his sentence for criminal trespass and remand this case for resentencing as directed. 1. Hawkins argues that the evidence was insufficient to support his conviction for unlawful eavesdropping and surveillance1 because the evidence showed that he did not try to hide his presence from the victim. He argues that, instead, he only attempted to conceal his identity. This argument lacks merit. On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict and an appellant no longer enjoys the presumption of innocence. This Court determines whether the evidence is sufficient under the standard of Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979, and does not weigh the evidence or determine witness credibility. Any conflicts or inconsistencies in the evidence are for the jury to resolve. As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, we must uphold the jury’s verdict. Citations omitted. Rankin v. State , 278 Ga. 704, 705 606 SE2d 269 2004. The standard of Jackson v. Virginia is met if the evidence is sufficient for any rational trier of fact to find the defendant guilty beyond a reasonable doubt of the crime charged. Clark v. State , 275 Ga. 220, 221 1 564 SE2d 191 2002.
Viewed in this light, the record reveals the following facts. In the early morning hours of June 20, 2006, Hawkins peered through the first-floor bedroom window of a Gwinnett County apartment and saw a teenaged girl, who was working on a computer in another room. Hawkins decided that he wanted to get her cell phone number, so he climbed through the window, picked up the cell phone that was on the girl’s bed, and recorded her phone number. He then pulled his t-shirt over his head, concealing his face, and walked into the adjacent room, standing behind the girl. When the girl heard a noise, she turned around, saw Hawkins, screamed, and ran to her mother’s bedroom. Hawkins fled without taking anything from the apartment, and the victims called the police.
