McKinney v. State

An auto body repairman allowed the defendant to borrow a customer's Buick in exchange for crack cocaine and the defendant never returned the vehicle.

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A Chatham County jury found Javonni McKinney guilty of theft by receiving stolen property, OCGA § 16-8-7. McKinney appeals from the judgment of conviction, claiming that the trial court erred in denying his motion for directed verdict. We find no error and affirm. On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence. We do not weigh the evidence or determine witness credibility, but only determine if the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt. Citation and footnotes omitted. Sexton v. State , 268 Ga. App. 736 1 603 SE2d 66 2004. See Jackson v. Virginia , 443 U. S. 307, 319 III B 99 SC 2781, 61 LE2d 560 1979. The standard of review of a denial of a motion for a directed verdict of acquittal is the same standard used when the sufficiency of the evidence is challenged. Dorsey v. State , 279 Ga. 534, 542 3 615 SE2d 512 2005. So viewed, the evidence shows that Thomas Johnson owned a Buick Roadmaster station wagon. Johnson, who was in the taxi business, wanted the Buick painted and re-lettered, and the wood trim removed, before putting it back on a “cab run.” Johnson left the Buick with Ricardo King for the purpose of completing the automotive body work. Johnson did not authorize King or anyone else to drive the Buick.

On December 7, 2002, King allowed McKinney to “borrow” the Buick in return for two or three rocks of crack cocaine. King admitted that he knew Johnson had not authorized him to rent the Buick out to people, and that he should not have loaned the Buick to McKinney. McKinney agreed to have the car back that evening, but he never returned it to King.

McKinney v. State

An auto body repairman allowed the defendant to borrow a customer's Buick in exchange for crack cocaine and the defendant never returned the vehicle.

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