Fitzpatrick v. State, 611 S.E.2d 95 (Ga. Ct. App. 2005). · Go Syfert
Fitzpatrick v. State, 611 S.E.2d 95 (Ga. Ct. App. 2005). Cases Citing This Book View Copy Cite
8 citation events (8 in the last 25 years) across 1 distinct court.
Strongest positive: Matthiessen v. State (gactapp, 2005-11-21)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Matthiessen v. State
Ga. Ct. App. · 2005 · confidence medium
Andrews, P. J., and Mikell, J., concur. 1 Fitzpatrick v. State, 271 Ga. App. 804, 805 ( 611 SE2d 95 ) (2005) (citation omitted; emphasis in original). 2 The state later withdrew one of the theft by deception charges, and the trial court directed a verdict of acquittal on another. 3 OCGA § 16-8-2. 4 Smith v. State, 265 Ga. App. 57, 59 (1) ( 592 SE2d 871 ) (2004) (citation omitted); see also Tukes v. State, 250 Ga. App. 117, 121 (1) (b) (i) ( 550 SE2d 678 ) (2001). 5 See Smith, supra; Takes, supra. 6 See Leary v. State, 256 Ga. App. 639, 640 (1) ( 569 SE2d 593 ) (2002). 7 See id.; Rasch v. Stat…
discussed Cited as authority (rule) Garrison v. State
Ga. Ct. App. · 2005 · confidence medium
Here, the evidence consisted of . . . direct evidence, in particular, the direct testimony of an eyewitness to the [robbery].” (Citations omitted.) Fitzpatrick v. State, 271 Ga. App. 804, 805-806 ( 611 SE2d 95 ) (2005).
discussed Cited "see" Crosby v. State (2×)
Ga. Ct. App. · 2007 · signal: see · confidence high
See Fitzpatrick v. State, 271 Ga. App. 804, 805-806 ( 611 SE2d 95 ) (2005).
discussed Cited "see, e.g." Walton v. State (2×)
Ga. Ct. App. · 2008 · signal: see also · confidence low
See also Walker v. State, 282 Ga. 406, 407-408 (1) ( 651 SE2d 12 ) (2007). 3 Noble, supra at 312 . 4 (Footnote omitted.) Id. 5 See, e.g., Fitzpatrick v. State, 271 Ga. App. 804 ( 611 SE2d 95 ) (2005) (evidence was not circumstantial, but consisted of direct testimony of loss prevention officer who witnessed theft of DVD player). 6 See OCGA § 24-9-65; Pittman v. State, 274 Ga. 260, 262 (2) ( 553 SE2d 616 ) (2001), citing Medlock v. State, 263 Ga. 246, 248 (3) ( 430 SE2d 754 ) (1993). 7 (Citation and punctuation omitted.) Jenkins v. State, 240 Ga. App. 102, 104 (2) ( 522 SE2d 678 ) (1999). 8 Se…
Retrieving the full opinion text from the archive…
Fitzpatrick
v.
the State
A05A0709.
Court of Appeals of Georgia.
Feb 25, 2005.
611 S.E.2d 95
2005 Ga. App. LEXIS 176
Kristy F. Locke, Nicholas E. White, for appellant., AlanR. Tawse, Jr., Solicitor-General, Arthur J. Creque, Assistant Solicitor-General, for appellee.
Bernes, Blackburn, Miller.
Cited by 4 opinions  |  Published
Blackburn, Presiding Judge.

Following his conviction for theft by shoplifting [1] and the denial of his motion for new trial, Reegence Fitzpatrick appeals, arguing that the trial court erred in denying his motion for directed verdict of acquittal because the evidence was insufficient to support his conviction. Finding the evidence sufficient, we affirm.

[*805] The standard of review for the denial of a motion for a directed verdict of acquittal is the same as that for reviewing the sufficiency of the evidence to support a conviction. A motion for a directed verdict in a criminal case should only be granted when there is no conflict in the evidence and the evidence demands a verdict of acquittal as a matter of law. Moreover, on appeal the evidence must be viewed in the light most favorable to the verdict, [Fitzpatrick] no longer enjoys the presumption of innocence, and the appellate court determines the sufficiency, not the weight of the evidence, and does not judge the credibility of the witnesses.

(Emphasis in original.) Helton v. State. 2

So viewed, the evidence shows that on June 30, 2000, Bran Patterson, a loss prevention officer at Wal-Mart, was standing in the jewelry department of the store when he saw Fitzpatrick enter the store empty-handed. Fitzpatrick came down the main aisle to the jewelry department at the back of the store and spent five to ten minutes in that department. Patterson then followed Fitzpatrick to the electronics department. Fitzpatrick spent another five to ten minutes looking at DVD players, then picked up a blue Panasonic DVD player, put it under his arm, and walked to the front of the store.

Fitzpatrick passed the registers at the electronics department, the sporting goods department, and those at the front of the store without stopping to pay for the DVD player; instead, he went to the customer service desk and obtained a refund of $219.97 in cash for the DVD player. Patterson stopped Fitzpatrick as he was leaving the store and asked him to come to his office to talk about the DVD player. After determining through the computer that a DVD player with identification numbers matching those on the Panasonic DVD player Fitzpatrick had taken had not been sold in the last two months, Patterson called the police, who arrested Fitzpatrick for shoplifting.

This evidence was sufficient to allow a rational trier of fact to find beyond a reasonable doubt that Fitzpatrick was guilty of the crime of theft by shoplifting. Fitzpatrick argues that the evidence was insufficient to support his conviction because he presented a reasonable defense while the State’s case was based only on Patterson’s testimony, which contained contradictions. “This argument misperceives the law. Under OCGA § 24-4-6, only when the evidence is entirely circumstantial must the evidence exclude every other reasonable[*806] hypothesis except that of the guilt of the accused. Here, the evidence consisted of... direct evidence, in particular, the direct testimony of an eyewitness to the [shoplifting].” (Citation omitted.) Patterson v. State 3 Moreover, we have examined the record and have found no contradictory statements in Patterson’s testimony.

Decided February 25, 2005. Kristy F. Locke, Nicholas E. White, for appellant. AlanR. Tawse, Jr., Solicitor-General, Arthur J. Creque, Assistant Solicitor-General, for appellee.

Judgment affirmed.

Miller and Bernes, JJ., concur.
2

Helton v. State, 268 Ga. App. 430, 431 (1) (602 SE2d 198) (2004).

3

Patterson v. State, 269 Ga. App. 328, 330 (604 SE2d 569) (2004).