Perry v. State

Banke, Judge.

Following a bench trial, the defendants were found guilty of criminal damage to property in the second degree and were both given a 12-month probated sentence, conditioned on their paying restitution. On appeal, they allege that the evidence was insufficient to support the conviction.

The defendants were accused of slashing the vinyl seat cover on a booth in a nightclub where they were in attendance. A waitress testified for the state that she had observed the booth before the defendants sat down and that the seat had not been cut prior to that time. She also testified that the…