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Reeves v. State

Court of Appeals of Georgia

November 4, 2014

REEVES
v.
THE STATE

Page 408

Burglary, etc. Cobb Superior Court. Before Judge Grubbs.

Ashleigh B. Merchant, for appellant.

D. Victor Reynolds, District Attorney, Daniel J. Quinn, Assistant District Attorney, for appellee.

PHIPPS, Chief Judge. Ellington, P. J., and McMillian, J., concur.

OPINION

Page 409

Phipps, Chief Judge.

After a jury trial in May 2011, Tyrone Reeves was found guilty of burglary,[1] theft by receiving stolen property (felony),[2] theft by receiving stolen property (misdemeanor),[3] and obstruction of an officer.[4] He appeals his convictions, contending that the evidence was insufficient and that he received ineffective assistance of trial counsel. For the following reasons, we affirm Reeves's convictions except with regard to the misdemeanor theft by receiving count.[5]

On appeal from a criminal conviction, the evidence must be viewed in the light most favorable to the verdict, and [Reeves] [329 Ga.App. 471] no longer enjoys the presumption of innocence; moreover, an appellate court does not weigh the evidence or determine witness credibility but only determines whether the evidence is sufficient under the standard of Jackson v. Virginia.[6]

Viewed in this manner, the evidence showed the following. On May 19, 2010, around " lunch time" on a weekday, Stephanie Evans was in her ground floor apartment of Building 3200 of an apartment complex, when she awakened to a sound of banging on her doors and windows. Evans saw a man walking around the building, banging on doors and windows of other apartments. The man then hopped the railing of Evans's apartment and pulled himself up to the balcony above her apartment. Evans heard what she described as " a loud shatter," and she called 911.

Evans gave a physical description of the man that she had seen to the 911 operator. Police arrived at the apartment complex while Evans was still on the phone with the 911 operator, and parked near Building 3100. A uniformed officer spotted an individual fitting the description Evans had given to the 911 operator; the individual was running away from Building 3200. The officer commanded the individual to stop, but he did not. A foot chase ensued, and the individual, later identified as Reeves, was apprehended. Reeves was carrying a backpack which contained a computer, a yellow glove, a flathead screwdriver, a hammer, cash, and car keys; broken pieces of glass were in the backpack's side mesh pocket. Evans identified on the scene the man police had apprehended as the individual she had seen climbing up her railing to the apartment balcony above hers.

Reeves was read his Miranda rights; he waived them and indicated that he wanted to talk with police. Tara Davis resided in the apartment above Evans's apartment. Reeves told police that he had been dropped off by some " associates" to break into Davis's apartment to steal drugs. Police observed that the sliding glass balcony door to Davis's apartment had been broken and the front

Page 410

door was ajar. Davis was on her way to school when the police called her and asked her to come to her apartment. Davis told police that her laptop computer was missing from the apartment. Davis testified that she [329 Ga.App. 472] did not know Reeves and that there was no reason that anyone should have had her laptop. Davis ...


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