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Tucker v. State

The buyer's identification of the defendant as the man, who sold him cocaine, supported the defendant's conviction.

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Following a jury trial, Nakie Tucker appeals his conviction for selling cocaine,1 challenging the sufficiency of the evidence. In light of the buyer’s testimony identifying Tucker as the man who sold him cocaine, we affirm. 1. Tucker’s sole enumeration of error is that “the verdict was strongly against the weight of the evidence to support it.” “Of course, such an argument may only be made to a trial court in a motion for new trial, not to an appellate court on appeal. We do not have the discretion to grant a new trial on these grounds.” Citation and punctuation omitted. Hughes v. State .2 Nevertheless, we review Tucker’s enumeration as if it were challenging the sufficiency of the evidence.

When reviewing a defendant’s challenge to the sufficiency of the evidence, we view the evidence in the light most favorable to the jury’s verdict, and the defendant no longer enjoys the presumption of innocence. Short v. State .3 We do not weigh the evidence or determine witness credibility, but only determine if the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt. Jackson v. Virginia .4

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