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Stargell v. State

A witness's identification of the defendant as one of the perpetrators corroborated the accomplices' testimony that they planned and executed the burglary with defendant.

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A Troup County jury convicted Jeffery A. Stargell and his brother, co-defendant Christopher Stargell, of burglary OCGA § 16-7-1.1 Following a separate proceeding conducted immediately after the trial in common, the jury convicted the defendant individually of possession of a firearm by a convicted felon OCGA § 16-11-131. The defendant was sentenced concurrently to twelve years confinement, to serve eight, and the remainder probated. Thereafter, the defendant voluntarily dismissed his motion for new trial; the superior court granted him leave to file an out-of-time appeal; and this appeal followed. Finding no reversible error, we affirm. Held:

1. The defendant contends that the evidence was insufficient to support his conviction for burglary in that the only evidence tying him to the burglary was the uncorroborated testimony of alleged accomplices, Jeremy Marcellious Roland and Marlo Williams.2 “While a defendant may not be convicted on the uncorroborated testimony of an accomplice, OCGA § 24-4-8, slight evidence from an extraneous source identifying the accused as a participant in the criminal act is sufficient corroboration of the accomplice to support a verdict.” Citations and punctuation omitted. Daniel v. State, 207 Ga. App. 720, 721 1 429 SE2d 130 1993. “The necessary corroboration may consist entirely of circumstantial evidence, and evidence of the defendant’s conduct before and after the crime may give rise to an inference that he participated in the crime.” Citations and punctuation omitted. Moody v. State, 232 Ga. App. 499, 503 2 502 SE2d 323 1998.

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