Ferguson v. State

I concur fully with Division 2 of the majority opinion.4 However, because I believe that the evidence was insufficient to sustain Ferguson’s conviction for the theft of the Camry, I must respectfully dissent to Division 1.

Mere presence of one where a crime is committed, without more, will not support a conviction. Sweat v. State, 119 Ga. App. 646 (168 SE2d 654) (1969). So too, unexplained and suspicious circumstances are not sufficient to convict the defendant. Rodgers v. State, 213 Ga. 797, 803 (102 SE2d 10) (1958); Donaldson v. State, 222 Ga. App. 532, 533 (474 SE2d 722) (1996)…