Dejonquavius Shine v. State
A21A1580
Ga. Ct. App.Jan 14, 2022Background
- In May 2014 Yuri and Nataliya Rusev listed their 2006 Mercedes S500 for sale; a prospective buyer texted and arranged to see the car.
- A man identified as Dejonquavius Shine (wearing a "New Orleans" hat) asked for a test drive, was given the keys by Nataliya, then drove off with the Mercedes without permission; she called 911.
- A high‑speed pursuit ensued: Shine drove the Mercedes and a burgundy Dodge Charger (occupied by Shine’s accomplices) fled nearby; officers pursued on a busy state highway and I‑20; the Charger was PIT‑maneuvered and occupants apprehended.
- The Charger was discovered to have been stolen in a Columbus carjacking days earlier; the Mercedes was later found abandoned at a Walmart and surveillance showed a man with a hat fleeing into woods.
- Shine was identified by Nataliya in a photo lineup, was arrested after being located near the Walmart (K‑9 captured him), and cellphone evidence linked texts about the Mercedes to a prepaid phone in his possession; accomplices testified Shine organized and drove in the scheme; Shine testified he was not involved.
- A jury convicted Shine of theft by taking, felony fleeing/attempting to elude, theft by receiving, and misdemeanor obstruction; the trial court denied a new‑trial motion and the Court of Appeals affirmed on sufficiency review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for theft by taking | State: testimony, photo lineup ID, flight from scene, and proximity to abandoned car identify Shine as thief | Shine: misidentification and alternative perpetrator (TQ/Roberson); he only drove to the area for a ride | Affirmed — evidence (ID, flight, arrest near car) was sufficient |
| Sufficiency for felony fleeing/attempting to elude | State: dashcam, officer testimony, lights used, high speeds through heavy traffic and driving into oncoming lanes show willful elusion creating public risk | Shine: challenges identification as driver and contends evidence insufficient | Affirmed — video and officer testimony supported felony fleeing conviction |
| Sufficiency for theft by receiving (Dodge Charger) | State: Shine drove Charger days after carjacking, possessed it in Douglasville, prior similar conviction, supporting inference he knew it was stolen | Shine: disputes knowing receipt or direct involvement in initial theft | Affirmed — circumstantial evidence (recent possession, conduct, prior act, and accomplice testimony) supported guilty knowledge |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (establishes standard for sufficiency review: whether any rational trier of fact could find guilt beyond a reasonable doubt)
- Miller v. State, 273 Ga. 831 (2001) (explains that some competent evidence, even if contradicted, sustains a jury verdict)
- White v. State, 283 Ga. 566 (2008) (knowledge that goods are stolen is an essential element of receiving stolen property)
- Lee v. State, 320 Ga. App. 573 (2013) (theft‑by‑receiving may be proven by circumstantial evidence including possession of recently stolen property)
- Alexander v. State, 355 Ga. App. 234 (2020) (dashcam and officer testimony can support fleeing/attempting to elude convictions)
- Pender v. State, 311 Ga. 98 (2021) (distinguishes principal theft from receiving and explains jury need not find defendant was principal thief to convict for receiving)
- Dawson v. State, 271 Ga. App. 217 (2005) (possession days after theft plus flight supports inference of guilty knowledge for receiving)
