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232 Ga. App. 630

502 S.E.2d 557

98 FultonCountyD.Rep. 2256

Jones v. State

Court of Appeals of Georgia

Decided May 21, 1998

Court of Appeals of Georgia · decided 1998-05-21

Cited by 3 later decisions — most recently December 1999

3 state decisions

Key passage — most relied on by later courts

“Determinations of witnesses’ credibility, including the accuracy of eyewitness identification, are within the jury’s exclusive province. Norris v. State, 258 Ga. 889, 890 (1) ( 376 SE2d 653 ) (1989). Our role [as an appellate court] is limited to evaluating the sufficiency of the evidence, not reweighing it. Pardo v. State, 215 Ga. App. 317 (1) ( 450 SE2d 440 ) (1994).”

quoted by 1 later decision, including Roundtree v. State

Relies on Jackson v. Virginia · Pardo v. State · Norris v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1998-05-21

View the full empirical analysis of this case →

Judge Harold R. Banke.

¶1 Juan Jones was convicted of selling cocaine. In his sole enumeration, he challenges the sufficiency of the evidence establishing his identity as the perpetrator. Held:

¶2 The record shows that an individual resembling Jones sold crack cocaine to an undercover team which videotaped the transaction. The jury was shown the videotape twice and viewed still photographs taken from the videotape. In addition, at trial both the undercover officers identified Jones as the individual who sold them the crack. Both also testified that the transaction took place through the driver’s side window of the officers’ vehicle.

¶3 Notwithstanding Jones’ mother’s testimony that Jones was attending a barbeque at the time of the offense and the sheriff’s doubts about the video, the evidence, viewed in the light most favorable to the verdict, was sufficient to permit the jury to identify Jones as the perpetrator. Jackson v. Virginia, 443 U. S. 307, 319-320 (99 SC 2781, 61 LE2d 560) (1979). Determinations of witnesses’ credibility, including the accuracy of eyewitness identification, are within the jury’s exclusive province. Norris v. State, 258 Ga. 889, 890 (1) (376 SE2d 653) (1989). Our role is limited to evaluating the sufficiency of the evidence, not reweighing it. Pardo v. State, 215 Ga. App. 317 (1) (450 SE2d 440) (1994).

¶4 Judgment affirmed.

McMurray, P. J., and Blackburn, J., concur. *631 J. Brown Moseley, District Attorney, John A. Warr, Assistant District Attorney, for appellee.
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