Krepps v. State

Following a bench trial, Stephen Krepps was convicted of stalking and sentenced as a recidivist stalker, pursuant to OCGA § 16-5-90 c, to a term of ten years to be served on probation. Krepps appeals, claiming that the evidence was insufficient to support his conviction and that sentencing him pursuant to OCGA § 16-5-90 c was improper. We find no error and affirm. 1. On appeal from a bench trial, we view the evidence in favor of the trial court’s findings, giving due regard to its ability to judge witness credibility.1 We no longer presume the defendant is innocent, but only determine if the evidence is sufficient to sustain his conviction.2

So viewed, the evidence shows that Krepps was convicted in 2002 of making harassing phone calls to William Rowley, and he was sentenced to 12 months to be served on probation. In 2003, Krepps was convicted of aggravated stalking after he violated his probation by repeatedly telephoning Rowley, generally between 11:00 p.m. and 4:00 a.m., without Rowley’s consent and for the purpose of harassing and intimidating him. The day after Krepps completed his probationary sentence for aggravated stalking, he resumed making phone calls to Rowley. Rowley testified that when he answered the phone calls, he generally heard only music, and when he called the number from which the calls were being placed, Krepps answered and told him that he called him because he wanted to be his friend.