Hurston v. State

Hurston v. State, 202 Ga. App. 311 (1) (414 S.E.2d 303) (1991), The Court concluded that the State presented sufficient evidence that the defendant passenger knew the car was stolen by establishing that: The defendant admitted doubting the car belonged to the driver; The steering wheel was damaged; The car was driven without keys; Personal papers including the car registration in the owner's name were strewn about the disheveled interior; a picture of the owner's daughter was displayed on a visor. Id. at 312-313 (1). The Court determined that the State presented sufficient evidence of "possession or control" as required by O.C.G.A. 16-8-7 by establishing that the driver "left the defendant alone in the car with the vehicle running when he went into the convenience store." Id. at 313 (1). Similarly, the Court have affirmed passengers' convictions of theft by receiving where the State showed that the defendant was in the car a few hours after it was stolen; the owner's personal items were strewn about the car; the steering column was damaged; the car was driven without keys; the defendant fled the scene when stopped by a police officer; and the defendant had in his possession items "that appeared to have been taken from the car." Sanders v. State, 204 Ga. App. 545, 546 (1) (a) (419 S.E.2d 759) (1992). Finally, the Court affirmed where the evidence showed that the defendant admitted the car was stolen; the car was used in an armed robbery in which the defendant participated, after which a chase ensued; and the steering column was damaged. Johnson v. State, 236 Ga. App. 356, 357 (1) (511 S.E.2d 921) (1999).