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Sewell v. State

The state met its burden in proving that venue was properly laid in Fulton county, because the victim testified to driving through streets and seeing landmarks located in Fulton county.

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George Sewell appeals from the judgment entered after a jury found him guilty of rape, aggravated sexual battery, and sexual assault. After reviewing the record, we conclude there was no error 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.

The evidence at trial, viewed in the light most favorable to the verdict, was that the victim and a friend went to a nightclub to celebrate the victim’s job promotion. On leaving the nightclub, they were approached in the parking lot by a man who told the victim that his friends had left him stranded and he needed a ride home. He offered to pay her $20 if she would give him a ride and the victim agreed. The man got into the backseat, the victim drove, and her friend was in the front passenger seat. The victim followed the man’s directions to an apartment complex. When she stopped the car and turned around, she saw that the man was holding a gun to her friend’s head. The man ordered both women to give him their money and jewelry and then told the victim’s friend to get out of the car.

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