A jury found Henry Branan guilty of five counts of theft by taking and six counts of violating the Georgia Securities Act of 1973.1 On appeal, Branan contends that the trial court erred in denying his motion for an appeal bond and in failing to merge the theft counts and the securities violations. He also argues that there was insufficient evidence to support his securities violation convictions because there was no evidence that he sold securities. Finally, he alleges that he received ineffective assistance of counsel. For reasons that follow, we affirm. On appeal from a criminal conviction, the evidence is viewed in a light most favorable to the verdict.2 We do not weigh the evidence or determine witness credibility, but only determine whether the evidence was sufficient to enable a rational trier of fact to find the essential elements of the crime beyond a reasonable doubt.3 So viewed, the evidence shows that Branan met Jim Lenhart in October 1999 and informed him that he was looking for investors for his business, Yacht America Marinas, which developed marinas with boat slips and storage racks. At a meeting shortly thereafter, Branan asked Lenhart to invest in Yacht America by purchasing a $14,000 dock for an initial payment of $3,000, with the option to sell thirteen months later for $20,000. On November 8, 1999, Lenhart agreed to buy two existing boat docks at the Snapper Marina in Hernando Beach, Florida for $3,000 each, and gave Branan a check for $6,000. Lenhart signed a second agreement on December 28, 1999 for two more boat slips at the Snapper Marina, and gave Branan a check for $5,000. On April 4, 2000, Lenhart paid Branan $1,000 for two existing boat slips at what Branan alleged was the York River Marina in Hayes, Virginia.
Lenhart introduced Branan to Rockie Miller and Peter Hopkinson, to whom Branan made a similar investment proposal. After reviewing promotional materials for Yacht America, Miller signed an agreement on December 30, 1999 to purchase a boat storage rack at Snapper Marina and gave Branan $3,000. On the same day, Hopkinson signed an agreement for the purchase of an existing boat storage rack at Snapper Marina and subsequently gave Branan a check for $3,000.
