Watts v. State

366 S.E.2d 849, 186 Ga. App. 358, 1988 Ga. App. LEXIS 362

Opinions

Carley, Judge.

In a bench trial, appellant was found guilty of vehicular homicide in the second degree. Appellant appeals from the judgment of conviction and sentence entered on the trial court’s finding of guilt.

1. Appellant enumerates the general grounds.

“It is well established that evidence must be viewed in the light most favorable to the verdict. [Cits.] Applying the test set out in Jackson v. Virginia, [443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979)], the reviewing court must consider whether any rational trier of fact could have found the elements of the crime beyond a reasonable doubt.” Rachel v. State, 247 Ga. 130, 132 (274 SE2d 475) (1981). “On appeal from a finding of guilty, the presumption of innocence no longer avails, for the fact [finder has] adversely adjudicated the issue of guilt to the appellant’s contentions after having considered the quantum and quality of the evidence. As an appellate court, we seek to determine only if there is evidence of the requisite degree of certainty to justify and support that determination. Our review is limited to a consideration of the evidence with a view toward approving the . . . findings, considering the evidence adversely to the appellant, and approving that verdict if there is evidence sufficient to convince a rational fact finder beyond reasonable doubt. [Cit.] Considering the sufficiency only and not the weight of the evidence, we are convinced that the [adjudication of guilt] is supported by competent evidence beyond reasonable doubt. [Cit.]” Harris v. State, 166 Ga. App. 689 (305 SE2d 428) (1983). “We ... , do not require certainty or even proof that is persuasive to us. All we require is evidence upon which a rational [fact finder] could reasonably find the material elements of the crime beyond a reasonable doubt. [Cits.] We have no difficulty in concluding that this has been satisfied here.” (Emphasis supplied.) Harden v. State, 164 Ga. App. 59, 60 (296 SE2d 372) (1982).

Based upon the review of the transcript it is clear that “[t]he evidence was sufficient for the trial court, as trier of fact, to find the defendant guilty of the offense charged beyond a reasonable doubt. [Cit.]” Ricks v. State, 184 Ga. App. 428, 429 (361 SE2d 829) (1987). Accordingly, the general grounds are without merit.

2. We have considered appellant’s remaining enumerations of error and find them to be without merit.

Judgment affirmed.

Birdsong, C. J., Deen, P. J., McMurray, P. J., and Pope, J., concur. Banke, P. J., Sognier, Benham and Beasley, JJ., dissent.