James Leslie Shindorf appeals from the order denying his motion for new trial following his conviction of burglary. Finding no error, we affirm. 1. Shindorf challenges the sufficiency of the evidence to support his conviciton. The standard of review for sufficiency of the evidence in a criminal case is set out in Jackson v. Virginia. 1 The relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. In addition, appellant no longer enjoys a presumption of innocence. An appellate court determines only the legal sufficiency of the evidence adduced below and does not weigh the evidence or assess the credibility of the witnesses.2 Viewed in its proper light, the evidence shows that Harold Bearden owns a home on ten acres in Bartow County. After Bearden and his wife, Isabel, moved out, unknown persons began breaking into the home and stealing items stored there as well as on the land. In December 2006, Bearden hired a former law enforcement officer, Ralph Bruce, to conduct a stake-out to attempt to catch the perpetrators. On December 15, Bruce and a sheriff’s office investigator, Keith Milner, arrived at midnight and secured the home by making sure the doors and windows were closed and that no one was inside. Bruce remained in his vehicle to conduct surveillance, while Milner left. At 5:00 a.m., Bruce left briefly to get food. Upon reentering the property, Bruce saw two men, later identified as Shindorf and his co-indictee, Shannon Lovingood,3 walking from the house toward a car that was parked facing out of the driveway. Bruce, who was in his vehicle, saw the men get in the car —Lovingood was driving —and speed down the driveway toward him. Bruce illuminated his bright lights, stepped out, drew his weapon, and ordered the men to halt. They complied, and Bruce called the police. According to Bruce, Shindorf and Lovingood claimed that they had come onto the property looking for water because their car was running hot. Bruce testified that the car was not hot to the touch; in fact, he had placed Shindorf and Lovingood down on the hood while securing them.
Sheriff’s deputies Calvin Edwards and Brandon Pruitt responded to the scene. Edwards searched Shindorf and found in his pocket a checkbook belonging to persons named McDonald and Fletcher and a single check purportedly bearing Mrs. Bearden’s signature. Bearden testified that his wife’s signature had been forged on the check and that the other checkbook did not come from his property. Bearden also testified that around the time of the break-in, he discovered that some of his checks had been stolen from the house because they began appearing at various banks with his forged signature. Bearden did not know when the checks were taken, but he testified that the sheriff’s department had already notified him by December 15 that his checkbook had been taken. Pruitt testified that a forgery investigation was ongoing at that time.
