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Greeson v. State

The victim's allegedly tainted pretrial identification of defendant did not render her in-court identification of him inadmissible because her in-court identification was independently based on her opportunity to view defendant at close range driving her stolen car.

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A jury found Richard Eric Greeson guilty of theft by receiving stolen property, obstruction of an officer, and attempting to elude a police officer. On appeal, Greeson claims that the trial court erred by 1 allowing the victim to identify him in court, 2 denying his motion for a new trial on the grounds of newly discovered evidence, and 3 sentencing him as a recidivist. He also claims a fatal variance in the indictment and the evidence produced at trial, and that his trial counsel was ineffective. We find no reversible error and affirm.

On appeal the evidence must be viewed in the light most favorable to support the verdict, and Greeson no longer enjoys a presumption of innocence; moreover, an appellate court determines evidence sufficiency and does not weigh the evidence or determine witness credibility. The verdict must be upheld if any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.

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