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Sermons v. State

The defendant entered the victim's home in the early morning hours and his voluntary intoxication did not excuse his criminal behavior.

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A Lowndes County jury convicted Deshun Sermons of burglary. Sermons appeals, contending that the evidence was insufficient to sustain his conviction. For the reasons that follow, we affirm.On appeal, we review the evidence in the light most favorable to the jury’s verdict, and the defendant no longer enjoys a presumption of innocence. An appellate court does not weigh the evidence or determine witness credibility. The standard is whether, based on the evidence presented, a rational trier of fact could have found the essential elements of the charged offense beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979Citation omitted. Studiemeyer v. State , 278 Ga. App. 756 629 SE2d 593 2006. So viewed, the trial evidence showed that on May 30, 2007 at approximately 4:00 a.m., the victim and her three daughters were asleep in their residence when the victim was awakened by her dog’s persistent barking at the back door. When the victim got out of bed to investigate the cause of her dog’s alarm, she observed Sermons standing in the window. The victim grabbed a gun, called 911, and ran into the bedroom with her daughters. As the victim was speaking to the 911 operator on the telephone, she heard the knob to the back door “pop” open and observed Sermons standing in the living room where her big screen television, DVR, DVD player, radio, stereo, and speakers were located.

A police officer was immediately dispatched to the residence and when he arrived, he caught Sermons standing in the living room. Sermons was then arrested.

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