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Leeks v. State

A certified copy of the victim's first offender conviction for making harassing phone calls to the defendant was not admissible to show bias.

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Following a bench trial, the court found Renae Leeks guilty of criminal damage to property in the second degree. Leeks appeals, contending that insufficient evidence supports her conviction and that the trial court erred by admitting hearsay and by excluding from evidence a certified copy of the victim’s First Offender conviction. We find no merit in these contentions and affirm. 1. On appeal, we must view the evidence “in the light most favorable to the verdict and the appellant no longer enjoys the presumption of innocence; moreover, on appeal this court determines evidence sufficiency and does not weigh the evidence or determine witness credibility.” Citation and punctuation omitted. Williams v. State , 217 Ga. App. 636, 638 3 458 SE2d 671 1995. Viewed in this light, the record shows that Leeks and the victim share history with the same man. The victim’s husband is the father of Leeks’ child, the child resides with Leeks, and the adults had frequent disputes about their obligations to the child.

The victim testified that Leeks came to her workplace and threatened, “I’m gon’ get you, you gon’ get what’s comin’ to you.” When the victim left work in her car 30 minutes later, Leeks threw a brick at her car while she was stopped at a traffic light. The victim testified that it cost $946.74 to repair her car.

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