Rudnitskas v. State

Evidence that the victim found the defendant at her back porch door, crouched down with a crowbar in his hand, beating bottom track of her door, supported his conviction for attempted burglary.

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Robin Kirk Rudnitskas, convicted by a jury of criminal attempt to commit burglary, appeals from the trial court’s denial of his motion for new trial, contending that replica evidence was improperly admitted, the evidence was legally insufficient, and that his trial counsel was ineffective. Finding no error, we affirm. 1. We first consider the second enumeration of error, which challenges the trial court’s denial of the motion for new trial based on the insufficiency of the evidence. On appeal from a criminal conviction, we view the evidence in a light favorable to the verdict, and Rudnitskas no longer enjoys a presumption of innocence. See McGee v. State , 287 Ga. App. 460 651 SE2d 546 2007. We neither weigh the evidence nor resolve issues of witness credibility, but determine only whether the evidence was sufficient to allow a rational trier of fact to find the accused guilty beyond a reasonable doubt. See id.

So viewed, the evidence was that Rudnitskas lived with his sister next door to Tammy Roberson in Newton County. In May 2005, Roberson had fallen and broken both her legs, requiring six days of hospitalization and then living with her parents south of Atlanta for five months while she recovered. Roberson had arranged for two friends to look after her house and had given them keys. The house contained furniture, electronics, and a valuable collection of Gone With The Wind memorabilia. Neither Rudnitskas nor his sister had keys or had been asked to look after Roberson’s house. Roberson returned to her Newton County home on December 7, 2005, still on crutches. On December 9, Roberson was lying on her couch watching television with her legs propped up on pillows. Her house was a ranch with a screened in back porch and fenced in backyard. On the porch, the upper half was screened and the lower half was covered with wood siding. The back porch was not visible from the front of her house or from the house where Rudnitskas and his sister lived.

Rudnitskas v. State

Evidence that the victim found the defendant at her back porch door, crouched down with a crowbar in his hand, beating bottom track of her door, supported his conviction for attempted burglary.

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