Dentistry; practicing without license. Bibb Superior Court. Before Judge Self.
Jonathan P. Waters, for appellant.
K. David Cooke, Jr., District Attorney, William D. Johnson, Myra H. Tisdale, Assistant District Attorneys, for appellee.
MCFADDEN, Judge. Dillard and Ray, JJ., concur.
After a jury trial, Chester Little was convicted of practicing dentistry without a license. He appeals, challenging the sufficiency of the evidence and the denial of a motion for a mistrial based on the court impermissibly speaking to a juror about the deliberations. Because there was enough evidence to support the jury's verdict and the mistrial issue was waived, as there was not actually a motion for a mistrial based on the ground now raised, we affirm.
1. Sufficiency of the evidence.
On appeal from a criminal conviction, the standard for reviewing the sufficiency of the evidence
is whether a rational trier of fact could have found the defendant guilty beyond a reasonable doubt. This [c]ourt does not reweigh evidence or resolve conflicts in testimony; instead, evidence is reviewed in a light most favorable to the verdict, with deference to the jury's assessment of the weight and credibility of the evidence.
Hayes v. State, 292 Ga. 506 (739 S.E.2d 313) (2013) (citations omitted).
So viewed, the evidence shows that in 2011, Little filed an insurance claim for a motor vehicle allegedly stolen from the parking lot of his business. An insurance company investigator telephoned Little, who stated that
he was a dentist and agreed to meet the investigator at his dental office in Macon the following day. The investigator arrived at the office for the meeting and discovered the name of another dentist, not Little, listed on the building. The investigator went into the office, where she found Little and an assistant in medical scrubs performing a dental procedure on a patient. While in the waiting room, the investigator heard a dentist's drill, observed a patient with gauze in his bloody mouth, saw Little holding a dental instrument, and heard Little schedule a post-operative visit with the patient. Among other things, Little informed the insurance investigator of his annual income from his dental practice. During her subsequent investigation, the investigator learned that Little was not licensed to practice dentistry.
[332 Ga.App. 554] The insurance investigator contacted the Georgia Secretary of State's office, which began an investigation of Little for the unlicensed practice of dentistry. Investigators for the Secretary of State learned that Little had voluntarily surrendered his license to practice dentistry in Georgia in 1993, with the surrender having the same effect as a revocation of his license. Investigators also learned that Little had surrendered a dentistry license in Texas because it had been obtained through fraudulent means. The Secretary of State's office contacted the Macon Police Department to join in the investigation. A police officer, acting undercover, contacted Little and asked him about performing dental work on a sore tooth. Little quoted a price for the dental work and met with the undercover officer to take him to the dentistry office to perform the dental procedure. The Secretary of State's office and the police department then conducted a search of Little's dentistry office, where they discovered dental ...