Mickey Stinson, Stinson’s uncle and Randall Elrod were tried on a 37-count indictment for charges involving a string of thefts and burglaries. A jury found Stinson guilty of most of the charges. Stinson filed a motion for new trial, and the trial court vacated three of his convictions, but denied the remainder of the motion. Stinson appeals from those counts denied by the trial court on his motion for new trial. For reasons that follow, we vacate Stinson’s sentence on count nine of the indictment, remand the case to the trial court for resentencing on count nine, and affirm Stinson’s other convictions. 1. Stinson alleges the evidence was insufficient to support five counts of burglary and theft because nothing linked him to the burglaries or stolen goods and, even if there was a link, there was a “failure of proof” that the items recovered by authorities were the items alleged to have been taken. As to the first argument regarding the link to Stinson, we note that Stinson was charged as a party to the crime and as part of a conspiracy. Elrod testified that he had known Stinson and his uncle for seven to twelve years and that their relationship centered on stealing equipment; they didn’t really socialize, they just “stole stuff” together. According to Elrod, the defendants had reached a mutual agreement and shared a common understanding as to the method of operation as well as the roles each would play in the commission and furtherance of their crime spree, which involved the theft and subsequent fencing of expensive lawn and garden equipment. Elrod further testified that Stinson’s uncle had a falling out with Earl Mims, one of the individuals who purchased much of the stolen equipment, so Stinson had to sell the equipment to Mims, and all three men received a portion of the proceeds from the sale of the stolen property.
Under OCGA § 16-2-20, a defendant is a party to a crime if he intentionally aids or abets the commission of the crime, or advises, encourages, hires, counsels, or procures another to commit it.1 Whether a defendant is a party to a crime may be inferred from the defendant’s presence, companionship, and conduct before and after the crime was committed.2 If Stinson knew of the intended crime and shared in the principal actor’s criminal intent, he is an aider and abettor.3 Whether Stinson was a party to a crime and aided and abetted his co-defendants in the crimes for which he was indicted or intentionally advised, encouraged, or counseled his co-defendants to commit the crimes was a question of fact for the jury.4
