Wilson v. State

11 Citing cases

  1. Puckett v. State

    804 S.E.2d 648 (Ga. Ct. App. 2017)   Cited 8 times

    Direct proof of value is not essential in prosecutions for theft by taking but proof of value may be shown by inference.Wilson v. State, 304 Ga. App. 743, 747 (1) (c), 698 S.E.2d 6 (2010) (punctuation and footnotes omitted).In this case, the testimony Gardner provided in regard to the value of his car is analogous to that provided by the victim in Wilson v. State .

  2. Ferguson v. State

    307 Ga. App. 232 (Ga. Ct. App. 2010)   Cited 32 times
    Holding that evidence in video surveillance footage showing person taking victim's car was sufficient to support identification of defendant as thief and, thus, his conviction for theft by taking motor vehicle

    When we consider whether the evidence is sufficient to sustain a conviction, we ask whether any rational jury could find, in the evidence adduced at trial, proof of guilt beyond a reasonable doubt, viewing the evidence in the light most favorable to the verdict. See Cutrer v. State, 287 Ga. 272, 274 ( 695 SE2d 597) (2010); see also Wilson v. State, 304 Ga. App. 743, 745 (1) ( 698 SE2d 6) (2010). As we have said before, "[i]t is the function of the jury, not this Court, to resolve conflicts in the testimony, weigh the evidence, and draw reasonable inferences from the evidence."

  3. Chambers v. State

    361 Ga. App. 139 (Ga. Ct. App. 2021)   Cited 1 times

    See id. & accompanying text.SeeGorman , 318 Ga. App. at 537-38 (1) (b), 734 S.E.2d 263 (holding that despite defendants’ claim that they were at house to run wiring, evidence defendants entered home without permission, and opened cabinets and dressers while inside was sufficient to prove intent to commit theft and, thus, would support conviction for burglary); Long , 307 Ga. App. at 670-71 (1), 705 S.E.2d 889 (holding that evidence defendant's entry into house was unauthorized, evidence establishing the presence of valuables in the house, and evidence that contradicted defendant's innocent explanation for his entry, authorized the jury to infer that defendant intended to commit a theft when he entered the house); Wilson v. State , 304 Ga. App. 743, 746 (1) (b), 698 S.E.2d 6 (2010) (finding that victim's testimony that defendant—her former boyfriend—was not on her lease, did not have a key, and did not have permission to be in her home was sufficient to prove that defendant had, without authority, entered house to take victim's property and, therefore, support burglary conviction). 2. Chambers also contends that the trial court erred in failing to instruct the jury, sua sponte , on the defense of mistake of fact.

  4. Wilkerson v. State

    813 S.E.2d 180 (Ga. Ct. App. 2018)   Cited 2 times

    McNair v. State , 293 Ga. 282, 283–284, 745 S.E.2d 646 (2013). See OCGA § 16–5–41 (a) ("A person commits the offense of false imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority."); Moore v. State , 340 Ga. App. 151, 154–155, 796 S.E.2d 754 (2017) ; Kiser v. State , 327 Ga. App. 17, 19–20 (2), 755 S.E.2d 505 (2014) ; Wilson v. State , 304 Ga. App. 743, 747–748 (1) (d) (6), 698 S.E.2d 6 (2010). See Thomas v. State , 325 Ga. App. 682, 684–685 (2), 754 S.E.2d 661 (2014) ; Brockington v. State , 316 Ga. App. 90, 93 (1), 728 S.E.2d 753 (2012).

  5. Moore v. State

    340 Ga. App. 151 (Ga. Ct. App. 2017)   Cited 5 times
    Noting that the test for sufficiency of the evidence is whether "a rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt"

    Moore then ordered A. J. to lie on the floor. T. R., who was watching A. J. leave as a safety precaution, observed enough of this confrontation that she then ran to alert the manager that they were being robbed, and then activated the silent alarm in the back of the restaurant and hid. The testimony from the other employees about T. R.'s actions—observing the encounter between Moore and A. J., retreating from the front door of the restaurant to warn the manager of the robbery, activating the silent alarm, and hiding in the back of the restaurant—constitute sufficient evidence for the jury to determine that she was detained against her will. See, e.g. , Kiser , 327 Ga.App. at 19–20 (2), 755 S.E.2d 505 (evidence sufficient to support false imprisonment conviction where victim jumped through a window to escape mobile home when defendant was guarding the door); Wilson v. State , 304 Ga.App. 743, 747–48 (1) (d), 698 S.E.2d 6 (2010) (sufficient evidence supported false imprisonment conviction even though defendant blocked only the front door and left other avenues of escape). And the presence of this evidence distinguishes this case from others in which convictions have been reversed for false imprisonment.

  6. Kiser v. State

    327 Ga. App. 17 (Ga. Ct. App. 2014)   Cited 8 times
    Holding that evidence defendant held victim inside trailer at gunpoint was sufficient to support defendant's conviction on false-imprisonment charge

    We find this evidence sufficient to support Kiser's false imprisonment conviction. See Barnett v. State, 244 Ga.App. 585, 588–589(3), 536 S.E.2d 263 (2000) (sufficient evidence to support false imprisonment conviction even though victim ‘never expressed his will ... as to where he wanted to go or not go’); Wilson v. State, 304 Ga.App. 743, 747–748(1)(d), 698 S.E.2d 6 (2010) (sufficient evidence supported false imprisonment conviction even though defendant only blocked the front door and left other avenues of escape). We find no merit in Kiser's argument that his acquittal for possession of a firearm during the commission of false imprisonment precludes the use of the gun evidence to support his false imprisonment conviction. It is well-established that there is no prohibition against inconsistent verdicts in Georgia.

  7. Kiser v. State

    A13A2249 (Ga. Ct. App. Mar. 7, 2014)

    We find this evidence sufficient to support Kiser's false imprisonment conviction. See Barnett v. State, 244 Ga. App. 585, 588-589 (3) (536 SE2d 263) (2000) (sufficient evidence to support false imprisonment conviction even though victim "never expressed his will . . . as to where he wanted to go or not go"); Wilson v. State, 304 Ga. App. 743, 747-748 (1) (d) (698 SE2d 6) (2010) (sufficient evidence supported false imprisonment conviction even though defendant only blocked the front door and left other avenues of escape). We find no merit in Kiser's argument that his acquittal for possession of a firearm during the commission of false imprisonment precludes the use of the gun evidence to support his false imprisonment conviction. It is well-established that there is no prohibition against inconsistent verdicts in Georgia.

  8. Davis v. the State.

    716 S.E.2d 710 (Ga. Ct. App. 2012)

    (citations omitted). 304 Ga.App. 743, 698 S.E.2d 6 (2010). Id. at 746(1)(b), 698 S.E.2d 6.

  9. Davis v. State

    716 S.E.2d 710 (Ga. Ct. App. 2011)

    (citations omitted). 304 Ga. App. 743 ( 698 S.E.2d 6) (2010). Id. at 746 (1) (b).

  10. McMahon v. State

    308 Ga. App. 292 (Ga. Ct. App. 2011)   Cited 5 times

    (Citations and punctuation omitted; emphasis in original.) Wilson v. State, 304 Ga. App. 743, 745 (1) ( 698 SE2d 6) (2010). Stephens testified that he is an investigator for the district attorney's office for the Northeastern Judicial Circuit, which includes Hall and Dawson counties.