Reconsideration denied August 19, 2014.
Drug violation. Dawson Superior Court. Before Judge Deal.
Long D. Vo, for appellant.
Lee Darragh, District Attorney, Randall C. Schonder, Conley J. Greer, Assistant District Attorneys, for appellee.
ELLINGTON, Presiding Judge. Phipps, C. J., concurs. McMillian, J., concurs in Divisions 1, 2 (a) and 2 (b) and in judgment only in Division 2 (c).
Ellington, Presiding Judge.
A Dawson County jury found Skylar Hopkins guilty beyond a reasonable doubt of five counts of obtaining a controlled substance by fraud, OCGA § 16-13-43 (a) (3). Following the denial of his motion for a new trial, Hopkins appeals, contending that the only evidence that he had the requisite criminal intent is the uncorroborated testimony of his alleged accomplice and, therefore, that the evidence is insufficient to sustain his convictions. In addition, he contends that the alleged offenses comprised a single act of fraud and, therefore, that the five counts merged. For the reasons explained below, we affirm his convictions, vacate the judgment, and remand for resentencing.
1. Hopkins contends that the testimony of his alleged accomplice that he knowingly participated in her scheme to fraudulently obtain prescription medications was not corroborated by any other evidence and, therefore, that the evidence is insufficient to sustain his convictions.
On appeal from a criminal conviction, the appellate court
view[s] the evidence in the light most favorable to the verdict[,] and an appellant no longer enjoys the presumption of innocence. [The appellate court] determines whether the evidence is sufficient under the standard of Jackson v. Virginia, 443 U.S. 307 (99 S.Ct. 2781, 61 L.Ed.2d 560) (1979), and does not weigh the evidence or determine witness credibility. Any conflicts or inconsistencies in the evidence are for the jury to resolve. As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State's case, [the appellate court] must uphold the jury's verdict.
(Citations omitted.) Rankin v. State, 278 Ga. 704, 705 (606 ...