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Brown v. State

The trial court did not err in allowing two deputies to testify about the similarities between tire tracks discovered at the victims' home and the tread pattern on the defendant's tires.

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A Coffee County jury convicted Curtis Andrew Brown, Jr. of two counts of aggravated assault. Brown appeals, contending that there was insufficient evidence to convict him. He further contends that the trial court should have excluded the testimony of two sheriff’s deputies comparing tire tracks discovered at the scene of the crime with the tire treads on Brown’s vehicle. For the reasons set forth below, we affirm. On appeal from Brown’s criminal conviction, we construe the evidence in the light most favorable to the jury verdict, and Brown no longer enjoys the presumption of innocence. Rankin v. State , 278 Ga. 704, 705 606 SE2d 269 2004. Viewed in this manner, the evidence adduced at trial reflects that the victims were an elderly married couple who maintained a bicycle shop at their home in Coffee County. In February 2006, Brown drove one of his friends to the victims’ home to discuss selling a bicycle. Following a discussion over the sale, the victim husband pulled out his wallet and paid Brown’s friend cash for the bicycle. According to Brown’s friend, the wallet looked “thick.” The sale transaction occurred in Brown’s presence as he sat in his vehicle, an older model green Chevrolet Blazer.

A few days later between 12:30 and 1:00 p. m., Brown drove up to the victim’s home in the same green Chevrolet Blazer, this time alone. He knocked on the kitchen door and inquired about purchasing a bicycle. The husband invited Brown inside and asked him to wait while he got dressed in order to go outside and show Brown some bikes. The husband then went to his bedroom to get dressed, while his wife remained in the kitchen with Brown.

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