A Rockdale County jury convicted Don Clark Sherls, Jr., of theft by taking a motor vehicle, OCGA § 16-8-2. He appeals from the denial of his motion for new trial, claiming the evidence was insufficient to support his conviction and he was entitled to a directed verdict of acquittal. He also contends the trial court erred in excluding a videotape of the victim’s statement to police and in admitting an impermissibly suggestive photographic lineup Finding no error, we affirm. 1. Sherls contends the trial court erred in refusing to grant his motion for a directed verdict of acquittal based upon insufficient evidence. Sherls attacks the victim’s identification testimony and her credibility and argues that a witness fabricated his story in order to stay out of jail. Further, relying on the fact that the police investigators did not find his fingerprints inside the car, he complains that there was no physical evidence to link him to the crime. Where the sufficiency of the evidence is questioned on appeal, we determine whether, after reviewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. As an appellate court, we do not weigh the evidence or assess witness credibility. Punctuation and footnotes omitted. Standfill v. State , 267 Ga. App. 612 600 SE2d 695 2004. Viewed in this light, the evidence showed that at approximately 11 a.m. on December 30, 2002, the victim was driving her Mercedes when it was suddenly bumped from behind by a white Hyundai with two men inside. The victim, who was pregnant, immediately dialed 911 on her cellphone. She pulled her car to the side of the road and the Hyundai stopped behind her. The victim talked to the 911 operator while she got out of her car. Both men exited the Hyundai. One of the men walked toward her and the victim was able to get a good look at him. Suddenly, the man got into the driver’s seat of her car. The victim tried to grab him as she was yelling at the 911 operator for help. The man drove away, with the Hyundai right behind him.
A police officer in the area received a dispatch about the theft and quickly found the Hyundai and Mercedes traveling together. After the officer activated his lights and siren, the two cars separated and drove off in different directions. The officer got the tag number of the Hyundai,1 and followed the Mercedes until it spun out of control and stopped on the side of the road. The driver got out of the car and escaped into the woods near Stonecrest Mall.
