Carter v. State

The defendant entered the victim's house alone, without authority, demanded money with a visible weapon and fled when police arrived in response to the victim's report.

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A jury found George Washington Carter guilty of one count of burglary OCGA § 16-7-1a. Carter appeals challenging the sufficiency of the evidence, arguing that the State failed to introduce evidence of intent to commit burglary. We find that the evidence submitted to the jury was sufficient on the question of intent. Discerning no error, we affirm. “On appeal, the evidence must be viewed in the light most favorable to the jury’s verdict and the appellant no longer enjoys the presumption of innocence.” Punctuation omitted. Williams v. State , 217 Ga. App. 636, 638 3 458 SE2d 671 1995. “Moreover, an appellate court determines evidence sufficiency and does not weigh the evidence or determine witness credibility.” Short v. State , 234 Ga. App. 633, 634 1 507 SE2d 514 1998. Under the test of Jackson v. Virginia, 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979, we must determine whether the evidence was sufficient for any rational trier of fact to find beyond a reasonable doubt the defendant was guilty. Id.

So viewed, the evidence shows that on December 24, 2005, while outside at his mailbox, Lee noticed Carter walking down the street, and after reentering his house, noticed that Carter had appeared on the steps of his back porch. Concerned, Lee went to check on the situation and found Carter just inside the back screen door. There, while holding a knife beneath the cuff of his shirt visible to Lee, Carter demanded money. Lee managed to grab a screwdriver from a nearby windowsill and replied, “I ain’t got none.” Carter then turned and left. Lee reported the incident to police, who, shortly thereafter, arrested Carter as he attempted to flee.

Carter v. State

The defendant entered the victim's house alone, without authority, demanded money with a visible weapon and fled when police arrived in response to the victim's report.

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