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Rushing v. State

Sufficient evidence existed to show that, although defendant may have had lawful possession initially, he intended to withhold the trailer in question from the owner for an indefinite period of time.

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Following a bench trial, a judge found Gregory Rushing guilty of theft by taking. Rushing appeals, alleging the trial court erred in denying his motion for a directed verdict, the trial court abused its discretion in qualifying a witness as an expert, and the state failed to meet its burden of proof as to the fair market value of the trailer. We find no error and affirm Rushing’s conviction for theft by taking a six car hauling trailer. 1. Rushing first asserts the trial court erred in denying his motion for a directed verdict at the conclusion of the state’s case because there was insufficient evidence to prove the elements of theft by taking beyond a reasonable doubt. We disagree.

The standard of review for the denial of a motion for a directed verdict of acquittal is the same as for determining the sufficiency of the evidence to support a conviction.1 We view the evidence in the light most favorable to support the trial court’s finding of guilt, and the defendant no longer enjoys a presumption of innocence; moreover, this Court gives due regard to the trial court’s opportunity to judge witness credibility, and we do not weigh the evidence or determine witness credibility.2 “It is not for us to determine or question how the factfinder resolved any apparent conflicts or uncertainties in the evidence.”3 As long as there is some evidence, even though contradicted, to support each necessary element of the state’s case, this Court will uphold the trial court’s verdict.4

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