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Trujillo v. State

Officers found the defendant in the victims' basement in possession of one victim's panties, garter belt and stockings.

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Following a bench trial, Elijio Trujillo was convicted of burglary and sentenced to three years imprisonment. He argues on appeal that the evidence was insufficient to support his conviction. He further argues that the trial court imposed an unlawful sentence upon him in violation of his constitutional rights to due process and equal protection. We find no error and affirm. On appeal from a bench trial resulting in a criminal conviction, we view all evidence in the light most favorable to the trial court’s verdict, and the defendant no longer enjoys the presumption of innocence. Citation omitted. Head v. State , __Ga. App.__, 1 Case No. A09A2039, decided March 18, 2010; Smith v. State , 291 Ga. App. 725, 726 662 SE2d 817 2008. “We do not . . . re-weigh testimony, determine witness credibility, or address assertions of conflicting evidence; our role is to determine whether the evidence presented is sufficient for a rational trier of fact to find guilt beyond a reasonable doubt.” Hall v. State , 294 Ga. App. 274, 275 668 SE2d 880 2008.

So viewed, the evidence adduced during the bench trial showed that Trujillo was accused of burglarizing a residence owned by a mother and daughter. During the early morning hours on the night in question, the daughter and her boyfriend were asleep in a basement bedroom when they were awakened by noises outside their bedroom door. They then observed Trujillo crouched down behind several boxes containing their valuables in the common area of the basement. Believing Trujillo was unaware that he had been detected, the daughter and her boyfriend went upstairs, locking the basement door behind them, and called 911.

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