Thus, Miranda warnings are not required where a defendant who is not in custody "responds to an officer's initial inquiry at an on-the-scene investigation that had not become accusatory." Taylor v. State , 235 Ga. App. 323, 326 (2), 509 S.E.2d 388 (1998) (citation and punctuation omitted); see id. at 324-327 (1)-(2), 509 S.E.2d 388 (concluding that Miranda warnings were not required when a detective informed the defendant, while standing outside of a store where her purse had been found by a store clerk, "that he was investigating the marijuana found in her purse," because the detective's statements did not constitute interrogation "aimed at establishing her guilt," but rather were focused on assessing the general nature of the situation). We address this proposition more fully in Division 1 (c), below.
14. State v. Lucas, 265 Ga.App. 242, 244, 593 S.E.2d 707 (2004) (punctuation omitted); seeBarnes v. State, 163 Ga.App. 61, 62(2), 293 S.E.2d 717 (1982) (“Even though the person questioned is being detained, [when] the questions are directed towards establishing the nature of the situation at hand, rather than towards establishing the guilt of the person questioned, the inquiry is not a custodial interrogation, and is reasonable.” (punctuation omitted)); see alsoTaylor v. State, 235 Ga.App. 323, 326(2), 509 S.E.2d 388 (1998) (“[When] the defendant is not in custody ... and responds to an officer's initial inquiry at an on-the-scene investigation that [has] not become accusatory, Miranda warnings are not required.” (punctuation omitted)); Dasher v. State, 140 Ga.App. 517, 518(1), 231 S.E.2d 510 (1976) (holding that Miranda “does not apply to an admission made at the outset of an on-the-scene investigation that had not yet become accusatory”). 15. SeeLucas, 265 Ga.App. at 244, 593 S.E.2d 707 (deputy's question as to who owned marijuana located in home was aimed at establishing guilt); State v. Wintker, 223 Ga.App. 65, 68–69, 476 S.E.2d 835 (1996) (holding that officer's question as to whether suspect owned suitcase containing contraband was aimed at establishing guilt when officer had already eliminated another likely owner and suspect was in custody); see alsoBailey v. State, 153 Ga.App. 178, 180, 264 S.E.2d 710 (1980) (questioning was appropriate without Miranda warnings when in
On appeal from a criminal conviction, the evidence must be construed in the light most favorable to the verdict. Taylor v. State, 235 Ga. App. 323, 324(1) ( 509 S.E.2d 388) (1998). As the reviewing court, we do not weigh the evidence or decide witness credibility, but only determine the sufficiency of the evidence under the standard of Jackson v. Virginia, 443 U.S. 307 ( 99 S.Ct. 2781, 61 L.Ed.2d 560) (1979).
As long as there is some competent evidence, even though contradicted, to support each fact essential to the State's case, the jury's verdict will be upheld.Taylor v. State, 235 Ga. App. 323, 324 (1) ( 509 S.E.2d 388) (1998). 443 U.S. 307 ( 99 S.Ct. 2781, 61 L.Ed.2d 560) (1979).
As long as there is some evidence, even though contradicted, to support each element required to make the State's case, the jury's verdict will be affirmed.Taylor v. State, 235 Ga. App. 323, 324 (1) ( 509 S.E.2d 388) (1998). Id.
We review the evidence presented at trial in the light most favorable to the verdict, without weighing it or assessing the credibility of witnesses, to determine whether the evidence was legally sufficient under the standard of Jackson v. Virginia, 443 U.S. 307 ( 99 S.Ct. 2781, 61 L.Ed.2d 560) (1979). See Taylor v. State, 235 Ga. App. 323, 324(1) ( 509 S.E.2d 388) (1998). We set forth in detail many of the facts relevant to this case in Davitte v. State, which affirmed the conviction of Brannon's co-defendant, Mark Davitte.
As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State's case, the jury's verdict will be upheld.Taylor v. State, 235 Ga. App. 323, 324(1) ( 509 S.E.2d 388) (1998). On May 16, 1997, a man entered the Old South Restaurant in Brunswick with a pistol.
(Punctuation omitted.) Taylor v. State, 235 Ga. App. 323, 324(1) ( 509 S.E.2d 388) (1998). Viewed in a light most favorable to the verdict, the evidence at trial showed as follows.
As long as there is some competent evidence, even though controverted, to support each fact essential to the State's case, a jury's verdict will be upheld. Taylor v. State, 235 Ga. App. 323, 324 (1) ( 509 S.E.2d 388) (1998). Here, the evidence established that Kenyada fired shots at four victims in two separate attempted car jacking incidents occurring within minutes of each other.
(Punctuation omitted.) Taylor v. State, 235 Ga. App. 323 (1) ( 509 S.E.2d 388) (1998). Viewed in the light most favorable to the verdict, the evidence showed as follows.