State of Tennessee v. Harold Smith, W2015-02229-CCA-R3-CD

Victim Kathy Wade arrived at her rental property with family and saw an unfamiliar silver Chevrolet HHR in the driveway; two men in skull caps exited the backyard and got into the vehicle.
As the vehicle reversed, it struck Wade, knocking her down; another family member narrowly avoided being hit. Wade and witnesses recorded the license plate number.
Wade discovered the home's outdoor air-conditioning unit removed from its locked enclosure, wires cut, and other property damage exceeding $1,300.
Police recovered bolt cutters/snippers at the scene; a BOLO for a silver HHR led officers weeks later to a vehicle registered to the defendant’s mother; occupants initially said a third person fled, then the defendant returned and claimed he was the driver.
Wade identified the defendant in a photographic lineup and at trial (though she had not identified him at the preliminary hearing). The jury convicted the defendant of reckless aggravated assault, vandalism (>$1,000), and attempted theft (>$1,000); he was sentenced as a career offender to an effective 12-year term.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence to prove identity	Photo lineup ID, trial ID, vehicle registered to defendant’s mother, defendant had access to and had driven the vehicle	Wade’s identification was unreliable (she failed to ID at preliminary hearing); evidence insufficient to prove defendant was the perpetrator	Court affirmed: viewing evidence in State’s favor, a rational jury could find identity beyond a reasonable doubt
Sufficiency to support convictions for reckless aggravated assault, vandalism, attempted theft	Evidence established reckless assault (vehicle used), property damage > $1,000, and a substantial step toward theft of unit	Defendant did not contest elements, only identity	Court affirmed convictions and sentences as supported by evidence

Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of evidence)
State v. Dorantes, 331 S.W.3d 370 (Tenn. 2001) (same standard for circumstantial evidence)
State v. Goodwin, 143 S.W.3d 771 (appellate court must not reweigh evidence)
State v. Elkins, 102 S.W.3d 578 (afford State strongest legitimate view of evidence)
State v. Bland, 958 S.W.2d 651 (jury credibility determinations binding on appeal)
State v. Tuggle, 639 S.W.2d 913 (defendant bears burden to show insufficiency)
State v. Rice, 184 S.W.3d 646 (identity is an essential element)
State v. Lewter, 313 S.W.3d 745 (identity may be established by circumstantial evidence)
State v. Crawford, 635 S.W.2d 704 (identity is a jury question)