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Smith v. State

The victim identified the defendant as the man who stole her car from the parking lot of her Chattanooga, Tenn. apartment complex and defendant's girlfriend testified that he arrived in the stolen car at her house in LaFayette, Georgia, five hours later.

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A Walker County jury convicted Cornelius Smith of theft by bringing stolen property into the state, OCGA § 16-8-9, and giving a false name, OCGA § 16-10-25. Smith appeals from the denial of his motion for new trial, contending the evidence was insufficient to support his theft conviction. We affirm.

On appeal, this Court views the evidence in the light most favorable to the verdict using the test established in Jackson v. Virginia, 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979. Humphrey v. State, 252 Ga. 525, 527 1 314 SE2d 436 1984. On appeal Smith no longer enjoys the presumption of innocence, and we do not weigh the evidence or judge the credibility of witnesses. Casey v. State, 267 Ga. 433, 434-435 479 SE2d 715 1997. Viewed in this light, the record shows the following: On December 8, 1997, Tjuana Duckett’s 1991 white Nissan Sentra was stolen from the parking lot of her apartment complex in Chattanooga, Tennessee. Duckett saw her car being driven from the lot. She followed the thief in a friend’s car, flashing her headlights to get the thief to stop. After being pursued for almost 10 minutes, the thief pulled over by the side of the road. Duckett approached the thief and asked for her car back. The thief said he would give Duckett her car back for $20; however, when Duckett walked toward him, he drove away.

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