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Martin v. State

Defendant's prior presence at the sites of two burglaries, his recent possession of the stolen goods and his conflicting statements to police supported his convictions.

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A Greene County jury convicted Terrence Martin of two counts of burglary, OCGA § 16-7-1. He appeals from the denial of his motion for new trial, contending the evidence was insufficient to support the judgment of conviction and that the trial court’s instruction to the jury on recent unexplained possession of stolen goods was “legally defective.” Finding no error, we affirm.

1. When reviewing the sufficiency of evidence to support a conviction on appeal, this Court views all evidence in the light most favorable to the jury’s verdict and does not weigh the evidence or judge witness credibility. Fowler v. State, 246 Ga. App. 639, 640 541 SE2d 447 2000. The defendant is no longer presumed innocent. Id. This Court determines only whether the evidence presented was sufficient for a rational juror to find the defendant guilty beyond a reasonable doubt of the crimes charged. Jackson v. Virginia, 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979; Hanson v. State, 229 Ga. App. 205, 206 1 493 SE2d 605 1997.

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