Reese v. State
308 Ga. App. 125
Ga. Ct. App.2011Background
- Victim owns a vacant rental home adjacent to his residence; a stand-alone garage stored items nearby.
- On Oct. 19, 2006, victim saw a white vehicle with trunk open near the garage; one man pulled copper wiring while another removed window screens.
- Lock on the garage door had been torn off; victim observed this from 100–150 feet away and alerted police.
- Police arrested Reese and co-defendant Michael Jackson; copper, wire, screens, and other materials were found in the vehicle trunk.
- At the station, Jackson admitted obtaining window screens from a co-worker; Reese claimed screens came from a trash pile and gave no explanation for other items; indictment charged burglary of the storage garage and theft by taking.
- Jury convicted Reese of burglary and misdemeanor theft by taking; trial court denied motion for new trial; evidence deemed sufficient under Jackson v. Virginia standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for burglary conviction | Reese argues no entry or intent shown | State relies on circumstantial evidence; entry/intent inferred | Evidence sufficient; jury could infer burglary |
| Sufficiency of evidence for misdemeanor theft by taking | Items in trunk connected to garage theft | Lack of direct link between trunk items and garage | Evidence sufficient to prove theft by taking |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review standard: evidence viewed in light most favorable to verdict)
- Odett v. State, 541 S.E.2d 29 (Ga. 2001) (application of credibility/weight of evidence standard in Georgia)
- Green v. State, 338 S.E.2d 761 (Ga.App. 1985) (proof required when property items listed in indictment)
- Buice v. State, 636 S.E.2d 676 (Ga.App. 2006) (standard for appellate review of sufficiency of evidence)