Donnell v. State

Evidence, including the defendant's cashing of a stolen and forged company check from a burglarized auto body shop and his admitted ownership of the tool, which was used to cut the auto body shop's fence, supported the defendant's burglary conviction.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

A Douglas County jury found Daniel Donnell guilty beyond a reasonable doubt of burglary, OCGA § 16-7-1. Following the denial of his motion for a new trial, Donnell appeals, contending that the evidence was insufficient, that he received ineffective assistance of counsel, and that the trial court erred in charging the jury. Finding no error, we affirm. 1. Donnell contends the evidence that identified him as the burglar was insufficient to find him guilty beyond a reasonable doubt. On appeal from a criminal conviction, the appellate court views the evidence in the light most favorable to the verdict and an appellant no longer enjoys the presumption of innocence. The appellate court determines whether the evidence is sufficient under the standard of Jackson v. Virginia, 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979, and does not weigh the evidence or determine witness credibility. Any conflicts or inconsistencies in the evidence are for the jury to resolve. As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, the appellate court must uphold the jury’s verdict. Citations omitted. Rankin v. State , 278 Ga. 704, 705 606 SE2d 269 2004. The standard of Jackson v. Virginia is met if the evidence is sufficient for any rational trier of fact to find the defendant guilty beyond a reasonable doubt of the crime charged. Clark v. State , 275 Ga. 220, 221 1 564 SE2d 191 2002.

Viewed in the light most favorable to the verdict, the record shows the following.1 A burglar broke into the Lithia Springs Body and Paint Shop sometime after the shop closed on the evening of Friday, May 24, 2002, and before the shop opened on the following Monday morning. After cutting a chain link fence on the property, the burglar entered the shop by forcing open the back door. The burglar used a crow bar to break into a desk and remove the company checkbook.

Donnell v. State

Evidence, including the defendant's cashing of a stolen and forged company check from a burglarized auto body shop and his admitted ownership of the tool, which was used to cut the auto body shop's fence, supported the defendant's burglary conviction.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report