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Lewis v. State

The evidence was sufficient to convict defendant for theft of a controlled substance, because one victim testified that defendant took bottles containing oxycodone from the pharmacy.

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A jury found Sharon Yvonne Lewis guilty of armed robbery, two counts of aggravated assault, two counts of false imprisonment, and theft of a controlled substance. Lewis appeals from the convictions entered on the verdict, alleging that the evidence was insufficient to sustain the convictions and that the trial court should have granted her motions for a directed verdict of acquittal. We find no error and affirm. On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence.1 We do not weigh the evidence or determine the credibility of witnesses, but only determine if the evidence is sufficient for a rational trier of fact to find the defendant guilty of the charged offenses beyond a reasonable doubt.2

So viewed, the evidence shows that on April 17, 2007, Lewis entered a pharmacy in Bartow County with a BB gun. Paula Lowe, who was the pharmacy technician, heard Lewis say that she was “there to rob them,” and as Lewis approached Lowe, she told her “I’m serious; get down on the floor.” Lewis brought her hand from behind her, and Lowe saw what appeared to be a firearm and then complied with Lewis’ demand.

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