Davis v. State

The defendant pointed a gun at a teen and demanded money, then followed the teen to his aunt's house with the gun pointed at the teen's back.

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A Sumter County jury found Derrick Davis guilty of aggravated assault with intent to rob, OCGA § 16-5-21 a 1. Davis appeals from the denial of his motion for new trial, contending the evidence was insufficient to support his conviction. Finding no error, we affirm. When a criminal defendant challenges the sufficiency of the evidence supporting his or her conviction, “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.” Citation omitted; emphasis in original. Jackson v. Virginia , 443 U. S. 307, 318-319 III B 99 SC 2781, 61 LE2d 560 1979. The jury, not this Court, resolves conflicts in the testimony, weighs the evidence, and draws reasonable inferences from basic facts to ultimate facts. Id. “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 and punctuation omitted. Miller v. State , 273 Ga. 831, 832 546 SE2d 524 2001. Viewed in this light, the record reveals the following facts.

Around 11:00 p.m. on January 26, 2006, two teenaged boys, W. C. and K. M., walked along Masonic Drive in Americus. A man, later identified as Derrick Davis, approached the boys, pointed a handgun at W. C., and demanded money. W. C. gave Davis a dollar. Davis was “acting crazy,” drooling, and using profanity. Both boys were frightened, and W. C. thought he was going to die. Davis asked W. C. if his aunt had any money, and then followed W. C. to his aunt’s house with the gun pointed at his back. When Davis and W. C. had walked a short distance away from him, K. M. ran. Upon arriving at the aunt’s house, Davis hid his gun in some bushes. Davis followed W. C. into the house, but left when he saw W. C.’s aunt, who knew Davis. W. C. told his aunt what happened, and she called the police.

Davis v. State

The defendant pointed a gun at a teen and demanded money, then followed the teen to his aunt's house with the gun pointed at the teen's back.

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