Following a jury trial, Kenny Ray Clark and Dennis James Clark were each convicted of two counts of burglary, theft by receiving stolen property, obstruction of an officer, use of a license plate to conceal the identity of a vehicle, and criminal trespass. Kenny Clark was also convicted of attempting to elude and driving without a license. In these consolidated appeals, both men argue that the evidence presented at trial was insufficient to sustain their convictions of burglary and theft by receiving and that the trial court erred in denying their respective motions for new trial on the basis of an alleged illegal verdict. Additionally, Kenny Clark contends that the trial court erred in denying his motion for a mistrial based on the admission of alleged bad character evidence. For the reasons that follow, we affirm in part and reverse in part. On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict. Sexton v. State , 268 Ga. App. 736 1 603 SE2d 66 2004. We neither weigh the evidence nor determine the credibility of the witnesses, both of which are in the exclusive province of the jury. Id. Rather, we uphold the jury’s verdict if there is evidence sufficient for a rational trier of fact to have found the defendant guilty of the charged offense beyond a reasonable doubt. Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.
So construed, the evidence presented at trial showed that on May 20, 2004, Kenny Clark, his uncle Dennis Clark, and a third person broke into a home located at 2365 Powder Springs Road in Cobb County, Georgia. After throwing a cinder block through a glass door to gain entry, the trio ransacked the house and took various items. They then went to the neighboring residence located at 2375 Powder Springs Road and broke several windows before successfully gaining entry into that home. Their presence triggered the interior motion detector on the security alarm, causing them to flee without actually taking anything. The security company called 911 at 4:14 p.m. to report a suspected burglary at 2375 Powder Springs Road.
