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Tigner v. State

Court of Appeals of Georgia

July 7, 2015

TIGNER
v.
THE STATE

Theft by receiving stolen property. Fulton Superior Court. Before Judge Goger.

Steven E. Phillips, John R. Mayer, for appellant.

Paul L. Howard, Jr., District Attorney, Arthur C. Walton, Assistant District Attorney, for appellee.

RAY, Judge. Barnes, P. J., and McMillian, J., concur.

OPINION

Page 181

Ray, Judge.

A Fulton County jury found Demarius Tigner guilty on four counts of aggravated assault; two counts each of armed robbery, criminal attempt to commit armed robbery, and theft by receiving stolen property; and one count of possession of a firearm during the commission of a felony. On appeal, Tigner contends that the evidence was insufficient to support his conviction on one of the counts of theft by receiving. Tigner does not challenge his convictions on the remaining offenses. For the reasons that follow, we reverse his conviction only as to the one count of theft by receiving at issue.

" On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, and the [defendant] is no longer entitled to the presumption of innocence." (Citation omitted.) Newsome v. State, 324 Ga.App. 665, 665 (751 S.E.2d 474) (2013). In determining the sufficiency of the evidence, we neither weigh the evidence nor assess the credibility of the witnesses, but determine only whether the evidence authorized the jury to find the appellant guilty of the crime charged beyond a reasonable doubt. Byrd v. State, 325 Ga.App. 24, 24 (752 S.E.2d 84) (2013).

The evidence shows that on September 10, 2009, Jocquilynn Millines was walking to her car when she was approached by two men. One of the men had a gun, and Millines was ordered to get on the ground. After the men took her car keys and cell phone, one of the men asked her for money. When Millines stated that she did not have any, the two men got in her car and drove away. The vehicle stolen from Millines was a silver, 2008 Pontiac Grand Prix. She had recently purchased the car, and it still had the drive-out dealer tag affixed. During the subsequent investigation, the police presented Millines with photographic lineups of possible suspects. However, she was unable to identify the two perpetrators from those lineups.[1]

Two days later, on September 12, 2009, Millines's stolen car was used during the commission of two armed robberies and two attempted armed robberies. Based on witness testimony, the car had several occupants at that time, and the evidence shows that Tigner was one of the passengers. Shortly after the victims reported the incidents to [332 Ga.App. 809] the police, a police officer located a car matching the description given by the victims parked in the driveway of a residence.[2] Police officers detained four men

Page 182

who were found at the scene, later identified as Tigner, Fabian Avery, Lawrence Burton, and Randy Redding. Three of the victims were later able to identify these men as the perpetrators.

At trial, Burton testified that he had obtained the car that was used on September 12, 2009, from a friend who was not involved in the case. There was no evidence presented at trial to show that Tigner was involved in the previous theft of Millines's car or that he knew, or should have known, that the car had been stolen.

On appeal, Tigner contends that the evidence was insufficient to support his conviction for theft by receiving ...


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