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Williams v. State

Court of Appeals of Georgia, Fourth Division

August 29, 2014

WILLIAMS
v.
THE STATE

Page 281

Theft by conversion. Cobb Superior Court. Before Judge Grubbs.

S. Lee Storesund, for appellant.

D. Victor Reynolds, District Attorney, Amelia G. Pray, Shepard R. Orlow, Assistant District Attorneys, for appellee.

Doyle, P. J., and Dillard, J., concur.

OPINION

Page 282

Miller, Judge.

Following a jury trial, Minnie Denise Williams was convicted of misdemeanor theft by conversion of property with a value less than $500 (OCGA § 16-8-4 (a)).[1] Williams appeals from the denial of her motion for new trial, contending that (1) the evidence was insufficient; (2) the trial court erred in charging the jury on the appropriate measure of damages; and (3) the trial court erred in determining the amount of restitution. Discerning no error, we affirm.

Viewed in the light most favorable to the jury's verdict,[2] the evidence shows that, in early December 2011, Williams went to the Rent & Buy Furniture store located in Marietta in Cobb County. Williams executed a month-to-month rental purchase agreement for a new Haier 30-inch flat-screen television set that was valued at $649.87. Several days later, Williams returned to Rent & Buy and executed a second month-to-month rental purchase agreement for a used Sharp 32-inch television that was also valued at $649.87. The rental agreements required Williams to either make monthly rental payments or return the televisions to Rent & Buy.

[328 Ga.App. 899] Williams received both televisions at her residence on 1651 Massachusetts Avenue in Marietta, and the agreement prohibited Williams from moving the televisions to another address without written permission from Rent & Buy. Nevertheless, at some point, Williams moved to another location and took the two rented televisions with her. Williams never requested permission to move the televisions from the Massachusetts Avenue address, and Rent & Buy never received notice from Williams that she had moved to another location.

Williams made a total of $292.15 in payments on the first television and $281.45 in payments on the second television. The payments included the rental amount, plus taxes and fees. Williams made no payments after March 14, 2012, and she never returned the televisions to Rent & Buy, despite Rent & Buy's efforts to locate her.

1. Williams contends that the evidence was insufficient to support her conviction. We disagree.

OCGA § 16-8-4 (a) pertinently provides:

A person commits the offense of theft by conversion when, having lawfully obtained ... property of another including, but not limited to, leased or rented personal property, under an agreement or other known legal obligation to make a specified application of such funds or a specified disposition of such property, he knowingly converts the ...

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