Following a bench trial, the Superior Court of Newton County found Luther Smith guilty beyond a reasonable doubt of making a terroristic threat, OCGA § 16-11-37 (a). Following the denial of his motion for a new trial, Smith appeals, contending that the evidence was insufficient to support a finding that he had the requisite criminal intent. Finding no error, we affirm.
When reviewing a conviction after a bench trial,
[t]he issue before [the appellate court] is whether the evidence was sufficient to support a conviction under the standards of Jackson v. Virginia,443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). Therefore, we view the evidence in the light most favorable to the [trial court’s judgment], and the defendant no longer enjoys the presumption of innocence. We do not weigh the evidence [,] nor do we determine the [witnesses’] credibility. Instead, we determine only whether the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt.
(Citations and punctuation omitted.) Brown v. State,
Viewed in the light most favorable to the judgment, the evidence shows the following. On April 2, 2010, Smith entered a hair salon in Covington and asked the owner where he could have a check cashed. The owner of the salon told Smith that she did not know. After saying, “all I’m trying to do is get my d—n check cashed,” Smith left the salon. A few minutes later, Smith came back into the salon and loudly said to the owner and others present, “All I was trying to do was get my
A person commits the offense of a terroristic threat [, inter alia,] when he or she threatens to commit any crime of violence ... with the purpose of terrorizing another [.]... No person shall be convicted under this subsection on the uncorroborated testimony of the party to whom the threat is communicated.
OCGA § 16-11-37 (a). Here, the indictment accused Smith of committing terroristic threats specifically by threatening to commit aggravated assault with the purpose of terrorizing the salon’s owner and one of the customers. As such, the State was required to prove two essential elements: (1) that Smith threatened the victims with aggravated assault and (2) that he acted with the purpose of terrorizing them. Nelson v. State,
Although there was evidence in Hobby v. State that physically violent conduct that injured the victim preceded and followed the verbal threat, however, such evidence is not the only basis for finding an intent to terrorize the victim of threat under Georgia law.
Judgment affirmed.
Notes
See, e.g., Enuka v. State,
