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Paul v. State

Court of Appeals of Georgia

March 6, 2015

PAUL
v.
THE STATE

Reconsideration denied March 26, 2015.

Burglary. Fulton Superior Court. Before Judge Dempsey.

Judgment affirmed.

Michael W. Tarleton, James C. Bonner, Jr., for appellant.

Paul L. Howard, Jr., District Attorney, Paige Reese Whitaker, Peggy R. Katz, Arthur C. Walton, Assistant District Attorneys, for appellee.

McFADDEN, Judge. Andrews, P. J., concurs. Ray, J., concurs fully in Divisions 1, 2, and 4, and in judgment only in Division 3.

OPINION

Page 397

McFadden, Judge.

Jernerick Paul appeals from his burglary conviction. He challenges the sufficiency of the evidence, the admission of certain evidence found during his arrest, the effectiveness of his trial counsel and the lack of a jury charge on the defense of mistake of fact. Because there is enough evidence to support the verdict, the trial court properly admitted evidence of items as a circumstance of the arrest, Paul was not prejudiced by his counsel's performance, and he claimed a mistake of law rather than a mistake of fact, the challenges are without merit and we affirm.

Page 398

1. Sufficiency of the evidence.

On appeal from a criminal conviction, we view the evidence in the light most favorable to support the jury's verdict, and the defendant no longer enjoys a presumption of innocence; moreover, this Court determines evidence sufficiency and does not weigh the evidence or determine witness credibility. Resolving evidentiary conflicts and inconsistencies, and assessing witness credibility, are the province of the factfinder, not this Court. As long as there is some evidence, even though contradicted, to support each necessary element of the state's case, this Court will uphold the jury's verdict.

[331 Ga.App. 561] Stillwell v. State, 329 Ga.App. 108 (764 S.E.2d 419) (2014) (citation omitted).

So viewed, the evidence shows that at 5:00 a.m. on January 19, 2011, Paul entered the apartment of the victims. One of the victims came out of a bedroom to find Paul standing in the living room. Paul said that the cat had let him in, and he then left the apartment. The victim noticed that his wallet had been moved and discovered that a one-dollar bill was missing from it. The victims called the police, who arrived at the scene within a few minutes and found Paul in the apartment complex parking lot. The victims identified Paul as the man who had entered their apartment. Paul consented to a search of his person and backpack, and police found a one-dollar bill in ...


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