433 S.E.2d 128 | Ga. Ct. App. | 1993
Appellant, Johnny Ray Durden, appeals his conviction of burglary. The evidence reveals that on September 12, 1991, Jennifer Walker invited several of her friends to her residence after she got off work, at a local nightclub, around 2:30 a.m. Durden lived in the trailer across from Walker’s trailer, and had met Walker on previous occasions when he had used Walker’s phone. Around 3:00 a.m., Durden joined the people in Walker’s trailer. Thereafter, Walker requested that everyone leave because she needed to go visit her boyfriend who was working night watch at a local Coast Guard station.
Upon waking, later that morning, Walker noticed that her jewelry, including an amethyst ring, and some money were missing. Patrolman Mike Owens of the Glynn County Police Department observed pry markings inside the door jam of the rear door. Walker told Owens that she suspected Durden of the burglary. That evening, Dur
Thereafter, Durden approached Denise Lloyd, a shift manager at a local convenience store, about selling her some jewelry. Durden assured Lloyd that the jewelry was not stolen. Lloyd purchased an amethyst ring for $50 from Durden, at his trailer. Lloyd testified that Durden later approached her to get the ring back. Durden told Lloyd that he needed the ring back or “they were going to lock him up because it was stolen.” Durden promised to return her money and Lloyd gave the ring back.
On September 25, 1991, Investigator Ken Conley of the Metro Drug Unit Task Force contacted Detective Carl Futch of the Glynn County Police Department regarding information he received concerning stolen property in the Canal Road Mobile Home Park. They proceeded to Lot 10 in the Canal Road Mobile Home Park where they received consent to search the trailer from Rick Rivera, a tenant and legal occupant. The officers found some of Walker’s possessions in the back bedroom and inside the furnace in the den. Later that evening, Walker identified the recovered items as the property taken from her residence.
Walker testified that around 10:00 p.m., on September 25, 1991, after she had identified her property, she received a phone call from Durden. She testified that she recognized Durden’s voice and that he identified himself. Durden apologized and when she asked about the amethyst ring, he stated that he would try to get it back from the person that bought it. Thereafter, Durden came to Walker’s trailer and returned her amethyst ring.
1. On appeal, Durden first asserts that the trial court erred in denying his motion to suppress the evidence found by the police officers in his trailer. Durden argues that at the motion to suppress hearing, the State failed to produce any admissible evidence regarding the consent to search obtained from Rick Rivera. The State produced Investigators Conley and Futch who testified regarding Rivera’s consent to search. Durden testified that the lease was in Rivera’s name, and that Durden had only been living there a short time. Durden maintains that the police officers’ testimony was hearsay and should not have been considered by the trial court. However, this argument was decided adversely to Durden in United States v. Matlock, 415 U. S. 164, 172-176 (94 SC 988, 39 LE2d 242) (1974). Therefore, it was not error for the trial court to receive Rivera’s hearsay evidence during the suppression hearing. See id.
2. In his second enumeration of error, Durden contends that the trial court erred in allowing the State to present evidence of similar
4. In his final enumeration of error, Durden argues that insufficient evidence exists by which a rational trier of fact could have found Durden guilty beyond a reasonable doubt. We do not agree. Having reviewed the evidence in the light most favorable to the jury’s determination, we conclude that a rational trier of fact could have found Durden guilty of burglary beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).
Judgment affirmed.