The State failed to offer any evidence establishing that the Fox Ridge Apartment complex was owned or operated by a public housing authority, an essential element of the offense.Quarterman v. State, 305 Ga.App. 686, 688–690(1)(a), 700 S.E.2d 674 (2010) (the State failed to establish the required public housing project element of the offense). Consequently, Cooper's convictions on Counts 2, 5, 8, 10, and 14 are not supported by sufficient evidence.
But pretermitting whether Crosby waived review of these issues by failing to object during trial, we find his contentions unavailing.See Quarterman v. State, 305 Ga.App. 686, 690(1)(a), 700 S.E.2d 674 (2010) (noting that hearsay testimony is not only inadmissible but wholly without probative value, and, therefore, its introduction, even without objection, does not give it any weight or force whatsoever in establishing a fact). 557 U.S. 305, 311(II), 129 S.Ct. 2527, 174 L.Ed.2d 314 (2009) (holding that the State's use of a forensic laboratory report violated the Confrontation Clause when there was no live witness available for cross-examination who was competent to testify as to the truth of the statements made in the report).
(Citation and punctuation omitted.) Quarterman v. State, 305 Ga.App. 686, 690(1)(b), 700 S.E.2d 674 (2010)..OCGA § 16–7–20, supra; Weeks v. State, 274 Ga.App. 122, 126(2), 616 S.E.2d 852 (2005) (evidence was sufficient to support conviction for possession of tools used for the commission of a crime where the defendant was found with a screwdriver and flashlight near the house that had been burglarized); Manous v. State, 205 Ga.App. 804, 805(1), 423 S.E.2d 721 (1992) (evidence was sufficient where, among other things, screwdriver was found in area of woods where the defendant ran to evade police after burglary of a restaurant).
5(b), it must prove that the housing complex at issue is, in fact, a “housing project,” and that requires, among other things, proof that the complex consists of dwelling units occupied by low and moderate-income families. See, e.g., Quarterman v. State, 305 Ga.App. 686, 689–690(1)(a), 700 S.E.2d 674 (2010) (reversing conviction under OCGA § 16–13–32.5(b) where State failed to offer competent evidence that housing complex was “occupied by low and moderate-income families”); Williams v. State, 303 Ga.App. 222, 224(1), 692 S.E.2d 820 (2010) (same); Mahone v. State, 296 Ga.App. 373, 376(3), 674 S.E.2d 411 (2009) (same); Collins v. State, 278 Ga.App. 103, 106(1)(b), 628 S.E.2d 148 (2006) (same); Johnson v. State, 214 Ga.App. 77, 81(2), 447 S.E.2d 74 (1994) (same).
Smith, P. J., and Mikell, J., concur.Quarterman v. State, 305 Ga. App. 686, 690 (1)(b) ( 700 S.E.2d 674) (2010) (footnote and punctuation omitted); see also Court of Appeals Rule 25 (a) (3), (c)(2).See Jackson, 443 U.S. at 318-20 (III) (B).
See, e.g., Millender v. State, 286 Ga.App. 331, 331–32(1), 648 S.E.2d 777 (2007) (holding that defendant's acts of standing nearby as co-defendant robbed and threatened victim and fleeing with co-defendant was sufficient to convict defendant as a party to armed robbery and aggravated assault); Sapp v. State, 280 Ga.App. 592, 594–95, 634 S.E.2d 523 (2006) (holding that evidence that defendant accompanied co-defendant as he assaulted former girlfriend was sufficient to convict defendant as a party to aggravated assault). FN14. Quarterman v. State, 305 Ga.App. 686, 690(1)(b), 700 S.E.2d 674 (2010) (footnote and punctuation omitted); see also Court of Appeals Rule 25(a)(3), (c)(2). FN15.