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Whitfield v. State

Court of Appeals of Georgia
Dec 23, 2002
575 S.E.2d 899 (Ga. Ct. App. 2002)

Summary

holding evidence was sufficient to support conviction for public indecency when, after an altercation in a parking lot, defendant “stood in front of the car, exposed his penis, shook it, and told [a woman] to suck it”

Summary of this case from Moton v. State

Opinion

A03A0302.

DECIDED: DECEMBER 23, 2002

Public indecency. Baker Superior Court. Before Judge Cato.

Robert R. McLendon IV, for appellant.

J. Brown Moseley, District Attorney, Ronald R. Parker, Assistant District Attorney, for appellee.


Following a jury trial, Benjamin Whitfield appeals his conviction for public indecency, contending that the evidence was insufficient to support the verdict. For the reasons set forth below, we affirm.

On appeal from a criminal conviction, the evidence must be viewed in the light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence; moreover, an appellate court does not weigh the evidence or determine witness credibility but only determines whether the evidence is sufficient under the standard of Jackson v. Virginia. Conflicts in the testimony of the witnesses, including the State's witnesses, [are] a matter of credibility for the jury to resolve. As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State's case, the jury's verdict will be upheld. The testimony of a single witness is generally sufficient to establish a fact.

Jackson v. Virginia, 443 U.S. 307 ( 99 S.Ct. 2781, 61 L.Ed.2d 560) (1979).

Phagan v. State.

Phagan v. State, 243 Ga. App. 568, 569-570(2) ( 533 S.E.2d 757) (2000).

Viewed in this light, the record shows that, in a strip mall parking lot on the evening of October 1, 2001, Whitfield had an altercation with Barbara Johnson over a $5 bill he snatched from her hand. As the disagreement escalated, Johnson jumped into a car with her friends, Roberta Pratt and Sheree Hawkins. Whitfield then stood in front of the car, exposed his penis, shook it, and told Johnson to suck it. This evidence was sufficient to support the verdict.

Although Whitfield maintains that he never exposed himself, the outcome of this appeal remains the same, as the jurors, not this Court, were the appropriate arbiters of credibility in this matter. Phagan, supra.

Judgment affirmed. Ellington and Phipps, JJ., concur.


DECIDED DECEMBER 23, 2002.


Summaries of

Whitfield v. State

Court of Appeals of Georgia
Dec 23, 2002
575 S.E.2d 899 (Ga. Ct. App. 2002)

holding evidence was sufficient to support conviction for public indecency when, after an altercation in a parking lot, defendant “stood in front of the car, exposed his penis, shook it, and told [a woman] to suck it”

Summary of this case from Moton v. State

holding evidence was sufficient to support conviction for public indecency when, after an altercation in a strip mall parking lot, defendant “stood in front of the car, exposed his penis, shook it, and told [a woman] to suck it”

Summary of this case from Douglas v. State
Case details for

Whitfield v. State

Case Details

Full title:WHITFIELD v. THE STATE

Court:Court of Appeals of Georgia

Date published: Dec 23, 2002

Citations

575 S.E.2d 899 (Ga. Ct. App. 2002)
575 S.E.2d 899

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