Legal Opinion

Benitez v. State

Court of Appeals of Georgia

Decided January 23, 2009No. A09A0122PublishedCited by 7 opinions

1Opinion of the Court

ANDREWS, Presiding Judge.

On appeal from his conviction for trafficking in methamphetamine, Juan Benitez argues that the evidence was insufficient. We agree and reverse.

“On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, with the defendant no longer enjoying a presumption of innocence.” Reese v. State, 270 Ga. App. 522, 523 (607 SE2d 165) (2004). We neither weigh the evidence nor judge the credibility of witnesses, but determine only whether, after viewing the evidence in the light most favorable to the prosecution, a “rational trier of fact…

2Cases cited7 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Reese v. StateCourt of Appeals of Georgia · 2004
  3. Owens v. StateSupreme Court of Georgia · 1904
  4. Moore v. StateSupreme Court of Georgia · 1986
  5. Paden v. StateCourt of Appeals of Georgia · 1995

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Maddox v. StateCourt of Appeals of Georgia · 2013
  2. Martinez v. StateCourt of Appeals of Georgia · 2010
  3. Holiman v. StateCourt of Appeals of Georgia · 2011
  4. Bodiford v. StateCourt of Appeals of Georgia · 2010
  5. In the Interest of J. S.Court of Appeals of Georgia · 2010

2 more not listed; retrieve them via the Exa API.

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