McClendon v. State

Defendant's statement to the police chief was voluntary where he invited the chief to his house and volunteered an explanation as to why he possessed the weapon in question.

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A Lamar County jury found David McClendon guilty of making false statements, OCGA § 16-10-20; criminal interference with government property, OCGA § 16-7-24; tampering with evidence, OCGA § 16-10-94; and theft by taking, OCGA § 16-8-2. Pursuant to a granted out-of-time appeal, McClendon contends the trial court erred in admitting an inculpatory statement into evidence and he challenges the sufficiency of the evidence supporting his convictions. Finding no error, we affirm. 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; emphasis in original. Jackson v. Virginia , 443 U. S. 307, 318-319 III B 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 basic facts to ultimate facts. 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.

Shortly after 2:00 a.m. on October 16, 1998, David McClendon, a Milner, Georgia, uniformed police officer, made a 911 call reporting that he had been shot by Bradley Kimbrough. McClendon said he returned fire, but Kimbrough escaped. The shooting occurred in Milner City Hall and caused damage to the property. McClendon, who was wearing a bullet proof vest, was not seriously injured. However, a wound to his left hand required medical treatment, so his brother-in-law drove him to the hospital.

McClendon v. State

Defendant's statement to the police chief was voluntary where he invited the chief to his house and volunteered an explanation as to why he possessed the weapon in question.

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