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Thomas v. State

The defendant's demeanor when he went to the victim's home, his use of "fighting words" and his threats supported his conviction for disorderly conduct.

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A Chatham County State Court judge found Kirk Frederick Thomas guilty of two counts of stalking, OCGA § 16-5-90, and one count of disorderly conduct opprobrious words, OCGA § 16-11-39 a 3. Thomas appeals from the denial of his motion for new trial, raising the general grounds and contending the court should have merged his stalking convictions. Finding no error, we affirm. Upon a finding of guilt following a bench trial, the presumption of innocence no longer applies, and on appeal, the appellate court construes the evidence in favor of the judge’s findings of fact. The appellate court does not weigh the evidence or determine witness credibility but merely determines the sufficiency of the evidence. Jackson v. Virginia , 443 U. S. 307, 318-319 III B 99 SC 2781, 61 LE2d 560 1979; Wilcoxson v. State , 227 Ga. App. 25 1 488 SE2d 104 1997. So viewed, the record reveals the following relevant evidence.

Thomas and the victim had a troubled romantic relationship that lasted, roughly, from 1996 to 2000. In July of 1999, a peace bond prohibited contact between Thomas and the victim, although both violated its terms. The victim testified that Thomas was verbally and physically abusive to her during the relationship and, after the relationship finally ended, he made frequent phone calls to her home and followed her “everywhere, all over town.” The victim even lost a job because of Thomas’ behavior. When the victim married a police officer in October of 2000, Thomas “backed off a little bit.”

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