Sheppard v. State

Doyle, Judge.

Duaine Ralph Sheppard was convicted of one count of felony theft by taking, 1 and he was sentenced to serve ten years, five in confinement. 2 Following the denial of his motion for new trial, Sheppard appeals, arguing that the trial court erred by: (1) admitting evidence regarding his arrest; (2) admitting a videotape of the theft at issue without a proper foundation; (3) sentencing him for a felony under OCGA § 16-8-12 (a) (1); and (4) sentencing him as a recidivist. He also challenges the sufficiency of the evidence. We affirm, for reasons that follow.

On appeal from a criminal…