A Gwinnett County jury found Marcus McKinley guilty beyond a reasonable doubt of two counts of robbery by intimidation, OCGA § 16-8-40 a 2, as a lesser included offense of armed robbery, OCGA § 16-8-41 a, and hijacking a motor vehicle, OCGA § 16-5-44.1 b. The charged offenses concerned a single transaction, and the trial court determined that the two counts of robbery merged. Following the denial of his motion for a new trial, McKinley appeals, contending, inter alia, that the evidence was insufficient and that the trial court abused its discretion in admitting certain hearsay evidence. For the reasons explained below, we reverse. 1. McKinley contends there was no credible evidence that he participated in the robbery, either directly or as a party to the crime. On appeal from a criminal conviction, the appellate court views the evidence in the light most favorable to the verdict and an appellant no longer enjoys the presumption of innocence. The appellate 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, the appellate court 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 the light most favorable to the verdict, the evidence showed the following. On the morning of June 18, 2007, the victim was delivering packages for the carrier DHL when he noticed that a gray car was following him. At approximately 10:00 a.m., just after the victim had delivered a package near the Gwinnett Place Mall and returned to his delivery van, a man pressed a handgun into the victim’s side and said, “You know what it is.” The victim got out of the driver’s seat, leaving the van running. The robber drove away in the van and turned north on Pleasant Hill Road, followed by the gray car. The victim called 911, reported the carjacking, and described the robber as an African-American male, approximately 25 to 35 years of age, approximately 6 feet tall and 200 pounds, wearing blue jeans and a blue shirt with white lettering.
