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Graham v. State

Court of Appeals of Georgia

March 6, 2015

GRAHAM
v.
THE STATE

Cert. applied for.

Forgery. Richmond Superior Court. Before Judge Jolly.

Judgment affirmed in part and case remanded with direction.

Michael B. King, for appellant.

Ashley Wright, District Attorney, Titus T. Nichols, Natalie S. Paine, Assistant District Attorneys, for appellee.

MCFADDEN, Judge. Andrews, P. J., and Ray, J., concur.

OPINION

Page 754

McFadden, Judge.

After a jury trial, Alethea Graham was convicted of forgery in the first degree. She appeals, challenging the sufficiency of the evidence, the allowance of hearsay testimony, the constitutionality of the forgery statute, a jury charge on the uttering element of first degree forgery, the denial of an appeal bond, and the denial of her constitutional right to a speedy trial. But there was enough evidence to support the verdict, the testimony allowed was not hearsay, the constitutionality of the statute was not timely raised, the jury charge was a correct statement of the law, and the trial court did not abuse its discretion in denying an appeal bond. Accordingly, we affirm in part. However, the trial court did not make the requisite findings of fact and conclusions of law in determining the constitutional speedy trial issue, and we thus remand the case for the trial court to enter a proper order on that issue.

1. Sufficiency of the evidence.

Graham enumerates that the trial court erred in denying her motions for both a directed verdict of acquittal and a new trial because there was insufficient evidence to support the verdict.

Whether an appellant is asking this court to review a lower court's refusal to grant a new trial or its refusal to grant a motion for directed verdict, this court can only review the case under the standard espoused in Jackson v. Virginia, [331 Ga.App. 37] 443 U.S. 307 (99 S.Ct. 2781, 61 L.Ed.2d 560) (1979) to determine if the evidence, when viewed in the light most favorable to the prosecution, supports the verdict.

Batten v. State, 295 Ga. 442, 444 (1) (761 S.E.2d 70) (2014) (citations omitted).

So viewed, the evidence shows that Graham's father, Nathaniel Graham, Sr., lived in the High Point Crossing Apartments in Augusta, Georgia. On March 31, 2009, he fell inside his apartment and suffered a brain injury. He was admitted to the Veterans Administration hospital in Augusta. According to a ...


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