James v. State

A Ware County jury found Bobby Joseph James guilty of several offenses arising out of a home invasion.1 The crimes were committed by Anthony Maxwell and Royal Holmes, and James was convicted as a party to the crimes under OCGA § 16-2-20. James appeals from the judgment of conviction. Because the evidence adduced was insufficient to establish that James acted as a conspirator or as a party to the crimes, we must reverse. When a criminal defendant challenges the sufficiency of the evidence supporting his or her conviction, “the relevant question is whether, after viewing 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.” Citation omitted. Jackson v. Virginia , 443 U. S. 307, 318-319 99 SC 2781, 61 LE2d 560 1979. The jury, not this Court, resolves conflicts in the testimony, weighs the evidence, and draws reasonable inferences from the evidence. Id. “As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, the jury’s verdict will be upheld.” Citation and punctuation omitted. Miller v. State , 273 Ga. 831, 832 546 SE2d 524 2001. Viewed in this light, the record reveals the following facts.

During the evening of June 6, 2001, Anthony Maxwell and Royal Holmes entered the Ware County home of Mr. and Mrs. O. C. Dell without permission. Armed with a sawed-off shotgun, Maxwell crept up behind Mr. Dell, who was sleeping in a recliner, and grabbed him by the throat. Maxwell demanded money from Mr. Dell’s safe. Mr. Dell said there was no safe and Maxwell struck him in the head with the butt of his shotgun, injuring him severely. Mrs. Dell, who had been taking a bath, heard the commotion and ran to her husband’s aid. Holmes directed Mrs. Dell to her bedroom, forced her to lie down, and bound her hands with cloth and duct tape. Maxwell dragged Mr. Dell to the back bedroom and placed him next to Mrs. Dell. Maxwell and Holmes took cash from the victims, removed jewelry and guns from the house, and then drove away in the Dells’ car.