Weeks v. State

Blackburn, Presiding Judge.

Following a jury trial that resulted in his conviction of attempted burglary 1 and of possession of tools for the commission of a crime, 2 Earlie Leon Weeks appeals, challenging the sufficiency of the evidence and arguing that the proof fatally varied from the indictment. We hold that the evidence was sufficient and that the variance was not fatal. Accordingly, we affirm.

On appeal from a criminal conviction, we review the evidence in a light favorable to the verdict, and the defendant no longer enjoys a presumption of innocence. Smith v. State. 3 We neither weigh…