Wise v. State
325 Ga. App. 377
Ga. Ct. App.2013Background
- Three burglaries in Effingham County in February 2011 near Wise’s home.
- Evidence included tire tracks and shoeprints linking Wise to the scenes.
- Wise was found in a vehicle near the third burglary; his son emerged from the woods, and a canine traced the path to the third residence.
- Shoes worn by Wise and the car driven by Wise matched the patterns found at the first two burglary sites.
- Wise did not testify; jury found him guilty on three burglary counts and he sought a new trial, which the trial court denied; appellate court affirmed.
- The court analyzed Wise’s liability as a party to the third burglary and the sufficiency of circumstantial evidence for the first two burglaries.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the third burglary proven as Wise’s intent and participation? | Wise | Wise | Yes; sufficient evidence Wise aided and abetted the third burglary. |
| Was the first and second burglary proven by circumstantial evidence? | Wise | Wise | Yes; tire tracks and shoeprints, plus proximity and conduct, supported guilt beyond a reasonable doubt. |
Key Cases Cited
- Hopkins v. State, 309 Ga. App. 298 (2011) (burglary elements and party liability guidance)
- Nangreave v. State, 318 Ga. App. 437 (2012) (circumstantial evidence and party to crime evidence sufficiency)
- Jackson v. State, 274 Ga. App. 279 (2005) (lookout/participation sufficiency for party liability)
- Parnell v. State, 260 Ga. App. 213 (2003) (existence of party liability for co-crime)
- Merritt v. State, 285 Ga. 778 (2009) (circumstantial evidence standard; reasonable hypotheses)
- Elliott v. State, 193 Ga. App. 49 (1989) (circumstantial evidence linking defendant to burglary)
- Shaw v. State, 211 Ga. App. 647 (1994) (reasoning on inferences from circumstantial evidence)
- Donley v. State, 61 Ga. App. 667 (1940) (limits of circumstantial evidence for linking to theft)