Ware v. State

Following the denial of his motion for new trial, Timothy Ware appeals his convictions for theft by taking by a fiduciary, use of false documents within the jurisdiction of state or political subdivision, violation of the Crimes Against the Elderly Act, and two counts of financial transaction card theft. He contends that trial counsel was ineffective, the evidence was insufficient to sustain his conviction for violating the Crimes Against the Elderly Act, and that the trial court provided an inadequate and incomplete answer to a jury question. Following our review we 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. As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, the jury’s verdict will be upheld. Citation omitted. Wilhelm v. State , 237 Ga. App. 682 516 SE2d 545 1999. So viewed, the evidence reflects that Ware was the godson of the then eighty-year-old victim, Frank Johnson. Ware’s parents and Johnson and his deceased wife were good friends for over 50 years. In the years preceding the alleged crimes Johnson rarely had much contact with Ware other than occasional overnight stays when Ware traveled to Augusta for medical treatment.

In 2005, Johnson had a stroke while Ware was staying with him, and Ware took him to the hospital for emergency treatment. Ware continued staying with Johnson during his illness, and afterward when Johnson fell after returning home and was hospitalized in February and March of 2005. Johnson testified that he was confused and disoriented during much of the time and that Ware often visited him in the hospital with “documents” requiring his signature, including a power of attorney.