Dixson v. State
313 Ga. App. 379
Ga. Ct. App.2011Background
- Dixson and Jackson were tried separately for shoplifting-related offenses at the North Georgia Premium Outlet.
- Patterson testified as an accomplice for the State, claiming Dixson, Jackson, and she stole clothing and placed it in Dixson’s vehicle.
- Merchandise from five stores was recovered from the vehicle and valued by store employees.
- Dixson was convicted of five counts of misdemeanor theft by receiving and one count of felony fleeing and eluding; Jackson was convicted of felony shoplifting and misdemeanor shoplifting.
- Venue was asserted in Dawson County under OCGA § 16-8-11; Patterson pled guilty to related charges before trial.
- The Court reviews the sufficiency of the evidence under Jackson v. Virginia and whether accomplice testimony required corroboration and how it is applied to each defendant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for Dixson’s theft by receiving | Dixson argues Patterson alone identified her as receiver; accomplice testimony uncorroborated | Dixson contends lack of corroboration and misapplication of principal-thief rule | Sufficient corroboration supports conviction |
| Fleeing and eluding indictment sufficiency | Indictment omits exact signal details and pursuing-officer requirement | Indictment sufficiently alleges violation and related elements | Indictment sufficient; not fatally defective |
| Variance between allegations and proof (theft by receiving) | Direct evidence pinned Dixson as original thief; cannot be receiver | State presented non-exclusive evidence; not a fatal variance | No fatal variance; evidence supports receiving conviction |
| Venue for theft by receiving | Venue improper outside Dawson County | Venue properly located where control over stolen goods exercised | Venue proper in Dawson County |
| Jackson’s shoplifting convictions—sufficiency and corroboration | Accomplice testimony needed corroboration for felony shoplifting | Carter’s store items valued >$400; accomplice corroboration adequate; misdemeanor no corroboration required | Felony shoplifting supported by corroborated evidence; misdemeanor shoplifting sustained without corroboration |
Key Cases Cited
- Reese v. State, 270 Ga. App. 522 (Ga. App. 2004) (standard for reviewing sufficiency of evidence in criminal appeals)
- Jackson v. Virginia, 443 U.S. 307 (1980) (requires conduct to prove elements beyond reasonable doubt; no credibility weighing by appellate court)
- Emory v. State, 301 Ga. App. 771 (Ga. App. 2009) (accomplice testimony may be corroborated by slight extrinsic evidence)
- State v. Shabazz, 291 Ga. App. 751 (Ga. App. 2008) (indictment can incorporate statute terms and survive factual challenge)
- Weidendorf v. State, 215 Ga. App. 129 (Ga. App. 1994) (corroboration need not be complete; can connect defendant to crime)
- Brown v. State, 268 Ga. App. 24 (Ga. App. 2004) (accomplice testimony corroboration sufficient for felony shoplifting)
- Cody v. State, 195 Ga. App. 318 (Ga. App. 1990) (corroboration of accomplice evidence to connect defendant to crime)
- Scott v. State, 234 Ga. App. 378 (Ga. App. 1998) (testimony as to value admissible to establish elements)
- Taylor v. State, 266 Ga. App. 818 (Ga. App. 2004) (standard for sufficiency of theft by shoplifting)
- Henderson v. Hames, 287 Ga. 534 (Ga. 2010) (indictment elements under certain statutes; discussion of essential elements)
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (standard for sufficiency review of evidence)