Newman v. State
Newman v. State
Opinion of the Court
After a bench trial in Decatur County Superior Court, Becky Michelle Newman was convicted of burglary and sentenced to ten years to serve on probation. On appeal, Newman challenges the sufficiency of the evidence. We affirm.
Where the sufficiency of the evidence is questioned on appeal, we determine “whether, after reviewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.”
Reviewed in the light most favorable to the prosecution, the evidence shows that on October 29, 2002, Stephanie Reynolds returned home to find her front door kicked in and several items taken from her residence, including a Sharp 31-inch television, two CD players and some CDs, and a stereo. Reynolds called 911. Reynolds also testified that the front door was not secure and that anyone who knew the condition of the door could open it by applying some force.
Corporal Deputy Rick Ashley of the Decatur County Sheriffs Office responded to Reynolds’ 911 call. Corporal Ashley testified that he observed that Reynolds’ door had been forcibly opened; that she described the items that had been taken; that he photographed the damaged front door and the entertainment center from which the
Investigator Garrett Williams was assigned to the case. He testified that he recovered Reynolds’ stolen property on October 31, 2002, from the residence of Ruth Lambert. When he arrived at Lambert’s residence, Newman was present. Newman had spent the previous night at the residence with Yankton Kit Kramer, Lambert’s grandson, who also lived there. Investigator Williams retrieved Reynolds’ property from the residence and escorted Newman to the sheriffs office to conduct a videotaped interview.
Investigator Williams testified that after Newman was read her Miranda rights and signed the waiver of rights form, he asked her if she knew anything about the burglary. Newman told Investigator Williams that she committed the burglary and explained that she intended to sell the items to cover a bad check that her mother had written. However, she had not sold them because she felt bad about the burglary and planned to return the items to Reynolds. When asked if she committed the burglary alone, and if so, how she carried the large television from the premises, Newman explained that she used to work in the “pulp wood” business and was strong enough to kick in the door and carry the television herself.
Newman’s videotaped statement was consistent with the testimony offered by Investigator Williams.
On appeal, Newman argues that her conviction must be reversed because the only evidence connecting her to the burglary is her videotaped confession. In support of her argument, Newman relies on OCGA§ 24-3-53, which provides, in relevant part, that “[a] confession alone, uncorroborated by any other evidence, shall not justify a conviction.” We reject Newman’s argument.
Newman did not contest the voluntariness of her confession, and “evidence of a confession, freely and voluntarily made by the defendant, is direct evidence of the highest character, and, when corroborated by proof of the corpus delicti, is sufficient to authorize [a] conviction.”
In this case, the corpus delicti of the burglary was proven through the testimony of Reynolds and Corporal Ashley. Furthermore, Newman confessed that she stole the items that were taken in the burglary. The trier of fact obviously did not believe Newman’s explanation that she confessed to protect Kramer and was not required to do so.
Judgment affirmed.
(Punctuation and emphasis omitted.) State v. Clay, 249 Ga. 250 (1) (290 SE2d 84) (1982), citing Jackson v. Virginia, 443 U. S. 307, 319 (99 SC 2781, 61 LE2d 560) (1979).
Miller v. State, 208 Ga. App. 547 (1) (430 SE2d 873) (1993).
During the interview, Newman was also questioned about a stolen boat motor. Kramer eventually pled guilty to theft by receiving stolen property, to wit, the stolen motor.
Berry v. State, 48 Ga. App. 303 (1) (172 SE 647) (1934).
Black’s Law Dictionary (5th ed. 1979), p. 310.
(Punctuation omitted.) In the Interest of Q. D., 263 Ga. App. 293, 295 (587 SE2d 336) (2003), citing McCant v. State, 234 Ga. App. 433, 434 (1) (506 SE2d 917) (1998).
Harris v. State, 263 Ga. App. 866, 869 (589 SE2d 631) (2003).
135 Ga. App. 253 (217 SE2d 482) (1975).
(Citations omitted.) Id. at 254 (3).
See McCant, supra at 434-435 (1) (defendant’s confession that he stole from fast food restaurant he managed was adequately corroborated by other testimony that restaurant lost over $3,000 in fraudulent refunds, which testimony established the corpus delicti); Bigham v. State, 222 Ga. App. 353, 354 (474 SE2d 254) (1996) (“The testimony of the victim, which corresponded to [the defendant’s] confession, was sufficient to establish the corpus delicti, i.e., that the crimes actually occurred.”).
See Jackson, supra.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.