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Heard v. State

The defendant took substantial steps toward the commission of a bank robbery.

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A jury found Darius Heard guilty of criminal attempt to commit robbery, fleeing from and attempting to elude a police officer, and reckless driving. Heard appeals, alleging the evidence was insufficient to support the jury’s verdict on the attempted robbery charge and the trial court erred in denying his motion to suppress. We find no error and affirm Heard’s convictions. 1. On appeal from a criminal conviction, we view the evidence in the light most favorable to support the jury’s verdict, and the defendant no longer enjoys a presumption of innocence; moreover, this Court determines evidence sufficiency and does not weigh the evidence or determine witness credibility.1 “Resolving evidentiary conflicts and inconsistencies, and assessing witness credibility, are the province of the factfinder, not this Court.”2 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 jury’s verdict.3

Viewed in that light, the evidence shows that a deputy commander with the Troup County Sheriff’s Office went to a bank in an unmarked sheriff’s vehicle. While parking his vehicle, the officer noticed two men, one of whom was Heard, standing in the grassy area near the bank. Although it was a warm spring day, both men wore hats, one of which was pulled “further down than what somebody would wear.” The men were involved in intense conversation, and when they made eye contact with the officer, “they immediately dropped their heads back down . . . but then they would look up at him and then look back down. They did this several times.” The behavior and clothing made the officer feel uneasy because the men were not acting “as a reasonable person would do . . . under the circumstances.”

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