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MORTON v. THE STATE

Court of Appeals of Georgia1999-12-07No. A99A2315
241 Ga. App. 330526 S.E.2d 862

Summary

Holding. The court affirmed Morton's convictions, holding that sufficient evidence supported the jury's verdict because witness identification based on visible characteristics other than facial features, combined with physical evidence and Morton's possession of matching clothing and cash, was sufficient for a rational jury to find guilt beyond a reasonable doubt on all charged offenses.

Theorell Lemont Morton was convicted by jury of two armed robberies, aggravated assault, firearm possession during crime commission, and receiving stolen property. He appealed on grounds of insufficient evidence. The court reviewed the evidence in the light most favorable to the verdict, applying the standard that a conviction must be upheld if any rational juror could find all essential elements proven beyond a reasonable doubt.

The trial evidence showed that two masked men robbed a Huddle House in the early morning hours, with one man wearing a blue fatigue jacket holding a gun with a tape-wrapped handle while the other collected money. Police recovered a stolen vehicle nearby containing a mask and the robbery weapon. Officers located Morton and a co-defendant walking toward a highway, both wearing clothes matching those worn during the robbery (though turned inside-out), and Morton possessed cash in his clothing. Two witnesses—a waitress and a customer—identified Morton as the gunman both immediately after the robbery and at trial, basing their identification on visible features despite his masked face.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Sufficiency of evidence for armed robbery conviction
  • Validity of witness identification when defendant's face was masked
  • Appellate review standard for evidentiary sufficiency
  • Credibility assessment of identifying witnesses on appeal

Procedural posture

Morton appealed his jury trial convictions on the ground of insufficient evidence.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Blackburn, Presiding Judge.

Theorell Lemont Morton appeals, following a jury trial, from his convictions of two counts of armed robbery, one count of aggravated assault, one count of possession of a firearm during the commission of certain crimes, and one count of theft by receiving stolen property. Morton contends that there was insufficient evidence to support the verdict. We find that the evidence was sufficient, and we affirm.

On appeal the evidence must be viewed in the light most favorable to support the verdict, and [Morton] no longer enjoys a presumption of innocence; moreover, an appellate court determines evidence sufficiency and does not weigh the evidence or determine witness credibility. The verdict must be upheld if any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.

(Punctuation omitted.) Barber v. State, 235 Ga. App. 170 (509 SE2d 93) (1998); see Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

The evidence at trial showed that on January 10, 1997, between 2:30 and 3:00 a.m., two men held up Huddle House on Washington Road in Augusta. Although both men wore masks, one man wore a blue fatigue jacket and the other wore a green and white Starter jacket. While the man in the green and white Starter jacket got the money, the man in the blue jacket held a gun on the employees and threatened to kill one of them. The gun’s handle was wrapped with tape. Immediately after the two men left, the employees called the police, who arrived forthwith.

Decided December 7, 1999.

Ellis R. Garnett, for appellant.

Daniel J. Craig, District Attorney, Charles R. Sheppard, Assistant District Attorney, for appellee.

The police searched the parking lot of a neighboring apartment complex and found a stolen car with the doors open and the motor running. Because the car had been “straight dash wired,” the steering column on the car was broken open. Inside the car the police found a mask and the pistol that had been used in the robbery. Soon after, Morton and a co-defendant were stopped while they were walking up the ramp to Interstate 20. Both men were wearing clothes identical to the clothes worn by the perpetrators of the robbery, although the jackets had been turned inside-out. The co-defendant had a screwdriver that he tried to throw away when he was arrested. Morton had $124 in his sock and $30 in his jacket.

That night the waitress from Huddle House identified Morton as the man who had held a gun on her and demanded the money. She made the same identification at trial. A customer from Huddle House also identified Morton that evening and at trial.

Although Morton contends that the witnesses’ identification of him was insufficient because no one saw his face,

[identity is a question for the trior of fact, and where a witness identifies a defendant (whether the identification be based on the defendant’s eyes, clothes, hairline or some intangible factor not capable of description), the credibility of the witness making such identification is not to be decided by this court.

(Punctuation omitted.) Wimberly v. State, 233 Ga. 386, 387 (3) (211 SE2d 281) (1974). This evidence is sufficient to authorize the jury’s finding that Morton was guilty, beyond a reasonable doubt, of the offenses of which he was convicted. See Jackson, supra.

Judgment affirmed.

Eldridge and Barnes, JJ, concur.