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Ward v. State

A videotape of the perpetrator and testimony regarding the stolen merchandise corroborated the defendant's confession that he entered the grocery store with a shirt over his head and stole beer and cigarettes.

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Stephen A. Ward was convicted of one count of burglary, and was sentenced as a recidivist under the fourth felony provisions of OCGA § 17-10-7 c. After the denial of Ward’s motion for new trial, this appeal followed. Ward now challenges the sufficiency of the evidence supporting his conviction and the denial of his motion for new trial grounded on an ineffective assistance of counsel claim. Having reviewed both purported errors and finding no merit to either, we affirm.

On appeal, the evidence must be viewed in a light most favorable to the verdict and Ward is no longer entitled to a presumption of innocence. Pollard v. State, 230 Ga. App. 159 495 SE2d 629 1998. When viewed in that manner, the evidence established that at about 2:25 a.m., the burglar alarm was activated at Junebug’s Grocery. When police responded, they discovered a brick had been thrown through the store’s plate glass front door. A surveillance camera inside Junebug’s recorded a black male entering the store immediately after the glass broke. The burglar was carrying a cardboard box into which he placed items he removed from behind the counter. Because the perpetrator had either a shirt or rag over his head, his facial features were not discernable on the videotape. The store’s owner, Milton Griffin, reported that beer, cigars, and cigarettes had been stolen.

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