Garrett Carter v. State Indiana

Garrett Carter was convicted of second degree burglary and of carrying a gun without a license. The burglary conviction was reversed by the Court of Appeals, which found the evidence insufficient to support the conviction. We grant the petition to transfer and affirm the trial court's judgment. When reviewing a claim of insufficiency of the evidence, a reviewing court must not reweigh the evidence as though it were hearing the case in the first instance. Where trial is had without a jury, the trial Judge is the determiner of fact. His judgment must be given deference by this Court due to his having been present at the trial. We look only to the evidence favorable to the judgment together with all reasonable inferences available from that evidence. Where there is substantial evidence of probative value supporting each element of the offense essential to the Judge's determination, the conviction must be affirmed.