Following a bench trial, the Superior Court of Crawford County found Harold Spillers guilty of false swearing, OCGA § 16-10-71 a. Spillers appeals, challenging the sufficiency of the evidence. We conclude that the State failed to prove that Spillers had the requisite criminal intent to support his conviction and, therefore, reverse. When a criminal defendant challenges the sufficiency of the evidence supporting his or her conviction, we view the evidence with all inferences in favor of the factfinder’s conclusion, giving due regard to the trial court’s opportunity to judge witness credibility. The issue before us is whether the evidence was sufficient at trial to support a conviction under the standards of Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979. Citation omitted. Trujillo v. State , 286 Ga. App. 438 1 649 SE2d 573 2007. Viewed in this light, the record reveals the following facts. In 1986, Spillers entered a plea of nolo contendere to a charge of aggravated assault. He completed his probated felony sentence in 1991 and has had no subsequent convictions.
In 2000, Spillers ran for a seat on the Crawford County Commission. In connection with qualifying for that election, Spillers executed a Declaration of Candidacy and Affidavit. Among many other statements relating to qualification,1 the form affidavit required Spillers to swear as follows: I have never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude2 or conviction sic of domestic violence under the laws of this State, any other State, or of the United States, or, if so convicted, that my civil rights have been restored; and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude. In light of his 1986 nolo contendere plea, Spillers discussed with Sarah Purvis, who was then the probate judge for Crawford County and the county’s chief electoral official, whether he could execute the affidavit. Purvis, who knew of Spillers’ plea, told him that she had contacted the Secretary of State about the matter and that Spillers was qualified to run for office. Purvis personally notarized Spillers’ affidavit.
