Tauch v. State, 700 S.E.2d 645 (Ga. Ct. App. 2010). · Go Syfert
Tauch v. State, 700 S.E.2d 645 (Ga. Ct. App. 2010). Cases Citing This Book View Copy Cite
“the fact that a suspect flees the scene of a crime points to the question of guilt in a circumstantial manner. . . .”
34 citation events (34 in the last 25 years) across 2 distinct courts.
Strongest positive: Brown v. State (gactapp, 2011-11-10)
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (quoted) Brown v. State (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2011 · quote attribution · 1 verbatim quote · confidence low
the fact that a suspect flees the scene of a crime points to the question of guilt in a circumstantial manner. . . .
discussed Cited as authority (quoted) Amaechi v. State (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2010 · signal: see also · quote attribution · 1 verbatim quote · confidence low
the jury was authorized to consider flight from the scene and police as circumstantial evidence of his guilt
discussed Cited as authority (rule) Chambers v. State
Ga. · 2025 · confidence medium
Accord Finlon v. State, 228 Ga. App. 213, 213-214 (2) ( 491 SE2d 458 ) (1997) (holding that the evidence was sufficient to convict of fleeing or attempting to elude when an officer in a marked patrol car followed the appellant for over three miles with siren and emergency lights flashing); Tauch v. State, 305 Ga. App. 643, 646 (2) ( 700 SE2d 29 Thus, Maxwell considers “the entire scheme of the statute,” gives “sensible and intelligent effect to all of its provisions,” refrains from “construing the statute in a way that renders any part of it meaningless,” and fully effectuates OCGA…
discussed Cited as authority (rule) Chambers v. State
Ga. · 2025 · confidence medium
That is sufficient to satisfy OCGA § 40-6-395 (a) and the appellant for over three miles with siren and emergency lights flashing); Tauch v. State, 305 Ga. App. 643, 646 (2) ( 700 SE2d 645 ) (2010) (concluding that the evidence was sufficient to convict of fleeing and attempting to elude where officers engaged in a “high-speed chase” in “clearly marked” patrol vehicles “with their emergency lights and sirens activated”). 13 “Chambers acknowledges that State’s Exhibit 5 shows [Chambers’s vehicle] followed by a police car with lights engaged and markings on the side and that S…
discussed Cited as authority (rule) Broyard v. State
Ga. Ct. App. · 2014 · confidence medium
See Dixson v. State, 313 Ga. App. 379, 383-384 (3) ( 721 SE2d 555 ) (2011); Tauch v. State, 305 Ga. App. 643, 646 (2) ( 700 SE2d 645 ) (2010). .(b) Armed robbery, aggravated assault and possession of a firearm during the commission of a felony.
discussed Cited as authority (rule) Kevin Broyard v. State
Ga. Ct. App. · 2014 · confidence medium
See Dixson v. State, 313 Ga. App. 379, 383-384 (3) ( 721 SE2d 555 ) (2011); Tauch v. State, 305 Ga. App. 643, 646 (2) ( 700 SE2d 645 ) (2010). (b) Armed Robbery, Aggravated Assault and Possession of a Firearm during the commission of a felony.
discussed Cited as authority (rule) Christopher Bernard Roberts v. State
Ga. Ct. App. · 2013 · confidence medium
Although there was no scientific evidence or eyewitness identification of Roberts, 13 (Citation omitted; emphasis in original) Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) ( 99 SCt 2781 , 61 LE2d 560) (1979). 14 See, e.g., Tauch v. State, 305 Ga. App. 643, 645-646 (1) ( 700 SE2d 645 ) (2010), collecting cases regarding circumstantial evidence of guilt and quoting Shaheed v. State, 245 Ga. App. 745 (1) ( 538 SE2d 823 ) (2000) (“[T]he fact that a suspect flees the scene of a crime points to the question of guilt in a circumstantial manner.”) (punctuation omitted). 7 [i]t is well settled…
discussed Cited as authority (rule) Raymond v. State
Ga. Ct. App. · 2013 · confidence medium
Even if the proof were only circumstantial, “[w]hether the circumstances exclude every reasonable hypothesis except for [Raymond’s] guilt was a question for the jury.” (Citations omitted.) Tauch v. State, 305 Ga. App. 643, 645 (1) ( 700 SE2d 645 ) (2010) (evidence sufficient to support theft by taking where bank alarm activated at 2:20 a.m., defendant’s truck was seen nearby earlier on surveillance video, responding officer found ATM was ripped out of wall and dragged across parking lot, defendant’s vehicle was capable of towing heavy equipment, and he fled from officers).
discussed Cited as authority (rule) James Raymond v. State
Ga. Ct. App. · 2013 · confidence medium
Even if the proof were only circumstantial, “[w]hether the circumstances exclude every reasonable hypothesis except for [Raymond’s] guilt was a question for the jury.” (Citations omitted.) Tauch v. State, 305 Ga. App. 643, 645 (1) ( 700 SE2d 645 ) (2010) (evidence sufficient to support theft by taking where bank alarm activated at 2:20 a.m., defendant’s truck 1 The only authority cited in his argument is Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 10 was seen nearby earlier on surveillance video, responding officer found ATM was ripped out of wall and drug acro…
discussed Cited as authority (rule) COOKSTON v. State
Ga. Ct. App. · 2011 · confidence medium
OCGA § 16-8-12 (a) (1) permits felony punishment where the property which was the subject of the theft by taking exceeded $500 in value. 2 Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SC 2781, 61 LE2d 560) (1979). 3 See Ingram v. State, 268 Ga. App. 149, 150 (2) ( 601 SE2d 736 ) (2004) (voluntary, noncustodial, incriminating statements of defendants are admissible through the testimony of anyone who heard them). 4 Tauch v. State, 305 Ga. App. 643, 645 (1) ( 700 SE2d 645 ) (2010) (citations and punctuation omitted). 5 Crouch v. State, 279 Ga. 879, 880 (1) ( 622 SE2d 818 ) (2005) (cita…
discussed Cited as authority (rule) Smith v. State
Ga. Ct. App. · 2011 · confidence medium
Andrews and McFadden, JJ., concur. 1 OCGA § 16-7-1 (a) provides, in relevant part, that “[a] person commits the offense of burglary when, without authority and with the intent to commit a felony or theft therein, he enters . . . any building.” 2 Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SC 2781, 61 LE2d 560) (1979). 3 Tauch v. State, 305 Ga. App. 643, 645 (1) ( 700 SE2d 645 ) (2010) (citations and punctuation omitted). 4 Hall v. State, 294 Ga. App. 274, 276 ( 668 SE2d 880 ) (2008) (citation omitted; emphasis supplied).
discussed Cited "see" Maria Terrell v. State (2×)
Ga. Ct. App. · 2020 · signal: see · confidence high
See Tauch v. State, 305 Ga. App. 643, 645-646 (1) ( 700 SE2d 645 ) (2010) (affirming convictions related to removal of bank ATM without authorization, where circumstantial evidence included defendant’s vehicle spotted at bank prior to crime and shortly after alarm was activated; vehicle had 25-foot tow strap with large metal hook, tires that matched tracks found at the scene, and scrape marks consistent with dragging a heavy object).4 We find no error. 4 Contrary to Terrell’s contentions, Mincey v. State, 303 Ga. App. 257 ( 692 SE2d 809 ) (2010) is distinguishable.
discussed Cited "see" Kirkland v. State (2×)
Ga. Ct. App. · 2012 · signal: see · confidence high
See Tauch v. State, 305 Ga. App. 643, 645-646 (1) ( 700 SE2d 645 ) (2010) (holding that the jury was entitled to consider a defendant’s flight from officers as evidence of his guilt).
discussed Cited "see" Kelly v. State (2×)
Ga. Ct. App. · 2012 · signal: see · confidence high
See Tauch v. State, 305 Ga. App. 643, 645-646 (1) ( 700 SE2d 645 ) (2010) (Evidence that a bank’s ATM was dragged to a nearby grassy lot, that the defendant’s vehicle was observed at the bank approximately two hours before the theft was reported and shortly after the alarm was activated, that the defendant’s vehicle had a tow strap with a large metal hook tied to it, that defendant fled from the police, and that the defendant possessed black electrical tape and gloves upon his arrest was sufficient to sustain the defendant’s theft conviction.); Rautenberg v. State, 178 Ga. App. 165, 16…
discussed Cited "see, e.g." Roberts v. State (2×)
Ga. Ct. App. · 2013 · signal: see, e.g. · confidence medium
See, e.g., Touch v. State, 305 Ga. App. 643, 645-646 (1) ( 700 SE2d 645 ) (2010), collecting cases regarding circumstantial evidence of guilt and quoting Shaheed v. State, 245 Ga. App. 745 (1) ( 538 SE2d 823 ) (2000) (“[T]he fact that a suspect flees the scene of a crime points to the question of guilt in a circumstantial manner.”) (punctuation omitted).
examined Cited "see, e.g." Smith v. State (4×)
Ga. · 2012 · signal: see also · confidence low
See also Tauch v. State, 305 Ga.App. 643 (2), 700 S.E.2d 645 (2010) (upholding a defendant's convictions on two counts of attempting to elude a police officer based on a single police chase involving two police vehicles).
Retrieving the full opinion text from the archive…
Tauch
v.
the State
A10A1412.
Court of Appeals of Georgia.
Aug 23, 2010.
700 S.E.2d 645
Donna A. Seagraves, Crandall A. Heard, for appellant. James B. Smith, District Attorney, Robin R. Riggs, Assistant District Attorney, for appellee.
Miller, Phipps, Johnson.
Cited by 17 opinions  |  Published
4 passages pin-cited by 4 cases
Pinpoint authority: #25,625 of 633,719
Citer courts: Court of Appeals of Georgia (4)
Miller, Chief Judge.

A jury convicted Sarann Tauch of one count of theft by taking (OCGA § 16-8-2), two counts of fleeing or attempting to elude a police officer (OCGA § 40-6-395 (a)), and one count of criminal damage to property in the second degree (OCGA § 16-7-23). Tauch appeals, contending that the evidence was insufficient to support his convictions for theft by taking and fleeing or attempting to elude a police officer. Discerning no error, we affirm.

When reviewing a criminal conviction, we view the evidence in the light most favorable to the verdict, and [the[*644] defendant] no longer enjoys the presumption of innocence. We do not weigh the evidence or determine witness credibility, but only determine whether the evidence was sufficient for a rational trier of fact to find beyond a reasonable doubt that [the defendant] was guilty of [the crimes for which he was convicted].

(Citations omitted.) Graham v. State, 269 Ga. App. 590, 592 (1) (604 SE2d 651) (2004).

Viewed in the light most favorable to the jury’s verdict, the evidence shows that on July 21, 2007, at approximately 2:20 a.m., an alarm activated at the First Georgia Bank. (“First Georgia”) in Jefferson. Pursuant to a radio call about án ATM theft, Sergeant Nick Smith of the City of Jefferson Police Department responded to First Georgia at 2:33 a.m. He was in uniform, in á City of Jefferson marked patrol car, equipped with blue lights on top. Upon his arrival, he observed scuff marks on the pavement behind the bank’s parking lot, leading in the direction of a vacant grassy lo.t, which was not well-lit. The bank’s ATM had been uprooted from its foundation and was missing; loose wires and loose * concreté were in its place. Suddenly, he noticed the headlights and taillights of a large vehicle pull- put of the vacant lot at a high rate of speed, dragging what he believed to be. loose wires from an ATM machine, causing “sparks” to fly. Sergeant Smith called Officer James McNatt for backup, and pursued Tauch’s vehicle on U.S. 129 at speeds in excess of 100 miles per hour. After Tauch’s vehicle ran a stop sign, • Sergeant Smith activated his blue lights in order to stop the vehicle, but Tauch accelerated. Upon reaching Winder Highway, Sergeant Smith also activated his emergency siren, yet Tauch continued to flee, running a red light. '

Officer McNatt also pursued Tauch behind Sergeant Smith, who was traveling northbound on U.S. 129 in a high-speed pursuit of Tauch’s vehicle. Braselton pólice assisted by deploying “stop sticks” in Tauch’s direction of travel. As the tires of Tauch’s vehicle deflated, the vehicle struck a median, slowing it down, and enabling Officer McNatt to effect a traffic stop by pinning it against a guardrail. A 25-foot tow strap with a large metal hook at the end was tied to the ’ tow hitch of Tauch’s vehicle. The officer also identified Tauch’s vehicle as the same vehicle depicted in surveillance photos at the bank at 12:51 a.m. and 2:29 a.m. that same day.

In other testimony, a detective with the Jefferson Police Department testified that, at 3:00 a.m. on July 21, 2007, he observed a damaged ATM structure in the grassy area adjacent to the bank. Scrape marks were on the pavement, suggesting that a heavy object had been dragged from the location of the ATM to the grassy lot. Tire[*645] tracks at the scene matched the tire tread of Tauch’s vehicle. Upon searching Tauch incident to his arrest, police found a black pair of gloves in his waistband and a roll of black electrical tape.

1. Tauch contends that the circumstantial evidence was insufficient to support his conviction for theft by taking because the State failed to exclude every reasonable hypothesis except his guilt. We disagree.

For a conviction based on circumstantial evidence to stand, the facts must prove not only the hypothesis of guilt, but must exclude every other reasonable hypothesis but the guilt of the accused. Whether the circumstances exclude every reasonable hypothesis except for [Tauch’s] guilt was a question for the jury.

(Citations omitted.) Graham, supra, 269 Ga. App. at 592-593 (2); OCGA § 24-4-6.

In" order to convict Tauch of the offense of theft by taking, the State was required to prove that he “unlawfully [took] . . . [the] property of [First Georgia] with the intention of depriving [First Georgia] of the property, regardless of the manner in which the property is taken or appropriated.” OCGA § 16-8-2. “Deprive” means “without justification ... [t]o withhold property of another permanently or temporarily[.]” OCGA § 16-8-1 (1) (A).

Here, Tauch did not testify. We conclude that the record “discloses only one reasonable hypothesis — [Tauch’s] guilt.” Howard v. State, 263 Ga. App. 593, 595 (1) (b) (588 SE2d 793) (2003). The ATM was removed from First Georgia’s property without authorization; Tauch’s vehicle was observed at the bank approximately two hours before the theft was reported and shortly after the alarm was activated; tire tracks at the scene matched the tire prints on Tauch’s vehicle; Tauch’s vehicle had a 25-foot tow strap with a large metal hook tied to it; scrape marks consistent with a heavy object being drug on the pavement led from the ATM’s location in the direction of a nearby grassy lot, where the ATM was later found; and Tauch possessed black electrical tape and gloves upon his arrest. The circumstantial evidence was sufficient to authorize the jury to exclude every reasonable hypothesis except that of Tauch’s guilt. Graham, supra, 269 Ga. App. at 593 (1); see also Kennedy v. State, 136 Ga. App. 305 (1) (220 SE2d 788) (1975) (defendant’s possession of tools, implements' or any articles with which conspiracy to commit armed robbery might have been committed was circumstantial evidence of his guilt). Further, the jury was authorized to consider Tauch’s flight from the scene and police as circumstantial evidence of[*646] his guilt. Shaheed v. State, 245 Ga. App. 754 (1) (538 SE2d 823)1 (2000) (“[T]he fact that a suspect flees the scene of a crime points to; t! the question of guilt in a circumstantial manner. . . .”) (citations and j punctuation omitted).

Decided August 23, 2010. Donna A. Seagraves, Crandall A. Heard, for appellant.[*647] James B. Smith, District Attorney, Robin R. Riggs, Assistant District Attorney, for appellee.

[*646] 2. Tauch argues that the evidence was insufficient to support hisil convictions for fleeing or attempting to elude a police officer becausesc the State failed to prove that the police officers were in á marked! patrol vehicle and that he willfully failed to stop upon their request.| We are not persuaded.

OCGA § 40-6-395 (a) makes it unlawful for any driver of a vehicle to

willfully . . . fail or refuse to bring his or her vehicle to a stop or otherwise to flee or attempt to ¿lude a pursuing police vehicle or police officer when given a-visual or an audible signal to bring the vehicle to a stop. The signal given by the police officer may be made by . . . emergency light, or siren. The officer giving such signal shall be in uniform prominently displaying his or her badge of office, and his or her vehicle shall be appropriately marked showing it to be an official police vehicle. . *

The evidence is undisputed that Officers Smith and McNatti pursued Tauch’s fleeing vehicle in a . high-speed chase, in patrol vehicles clearly marked City of Jefferson Police, with their emer-i gency lights and sirens activated. Despite these warnings, Tauch ran a stop sign and a red light and refused to stop his vehicle until the “stop sticks” disabled his vehicle. This evidence was sufficient to find Tauch guilty beyond a reasonable doubt of two counts of fleeing or attempting to elude a police officer. OCGA § 40-6-395 (a); Harbuck v. State, 280 Ga. 775, 777 (1) (631 SE2d 351) (2006) (evidence that officer in marked police vehicle pursued defendant’s fleeing vehicle with blue lights flashing for several miles until defendant’s vehicle was stopped by spike strips sufficed to show defendant’s wilful failure to stop); English v. State, 261 Ga. App. 157, 158-159 (1) (582 SE2d 136) (2003) (evidence that officer was on patrol in his patrol vehicle with his blue light flashing and siren sounding was sufficient to convict defendant of fleeing or attempting to elude police officer).

Judgment affirmed.

Phipps, P. J., and Johnson, J., concur.