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Pless v. State

Any error in the admission of the defendant's prior conviction for criminal property damage for intentionally setting a fire was harmless, given the overwhelming evidence of his guilt in this case.

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After a jury trial, Gerald Pless was found guilty of arson in the first degree. He appeals from the conviction entered on the jury’s verdict, challenging the sufficiency of the evidence and the trial court’s admission of similar transaction evidence. His contentions are without merit, so we affirm his conviction. On appeal from a criminal conviction, we review the evidence in the light most favorable to the verdict and no longer presume that the appellant is innocent; moreover, we only determine the sufficiency of the evidence and do not weigh the evidence or determine witness credibility.1 In reviewing the sufficiency of the evidence, we decide whether a rational trier of fact could have found beyond a reasonable doubt that the appellant is guilty of the crime charged.2

So viewed, the evidence shows that Tammy Grant owned a business complex at 1630 Jonesboro Road in Atlanta. Her husband, Edward Grant, managed the property. On July 18, Tammy Grant sent a letter to one of the business tenants, Valerie Williams, notifying her that Williams’ lease could be terminated because Williams was no longer operating a videotape rental business and she was conducting illegal activities on the premises. Williams received the letter on or about July 27, 2002. On July 29, Pless, who was Williams’ boyfriend, confronted Edward Grant behind the strip mall and threatened to “f my place and my building up.”

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