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Carmichael v. State

The officer's identification of defendant as the perpetrator by his height, build and protruding ears supported defendant's conviction.

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A jury found Vincent Carmichael guilty of burglary. On appeal he claims that the trial court erred in admitting similar transaction evidence and in admitting testimony regarding prior incidents of vandalism and theft at the site of the burglary. He further claims the evidence was insufficient to support his conviction. We find no error and therefore affirm.

On appeal from a criminal conviction, the defendant no longer enjoys the presumption of innocence, and we view the evidence in the light most favorable to the jury’s verdict.1 So viewed, the evidence shows that after several instances of vandalism, missing food, and burglaries at St. Thomas Moore Catholic Church and Catholic School in Decatur, the police stationed an officer and video surveillance equipment in the cafeteria. At approximately 2:00 a.m. on April 16, 1999, Officer Strawn heard a noise at the front doors and saw a man force his way into the cafeteria and then make his way towards the kitchen. It was dark except for outside lights shining through the windows, but the officer noticed that the man was tall and slender, with protruding ears, and was wearing a mechanic’s uniform consisting of a dark jacket, pants, and boots. The officer was within fifteen feet of the man, but she could not see his face. The man heard the officer and fled. After the man left the building, Strawn immediately issued a police lookout for the intruder.

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