Elsasser v. State
313 Ga. App. 661
Ga. Ct. App.2011Background
- Elsasser convicted of two counts of simple battery, criminal damage to property (second degree), and disorderly conduct after jury trial; trial court merged the two simple battery counts for sentencing and imposed 12 months to serve plus six years’ probation, with restitution for victim’s medical expenses.
- Incident occurred September 27, 2008: Elsasser and three others confronted Brad Prater; Prater injured during a fight, and a lumber piece was used to smash three truck windows.
- Evidence showed Prater suffered a broken jaw and injuries; the truck windows were damaged as part of the confrontation.
- Owner of the damaged truck testified to repair costs ($780.15) and provided repair bill and photographs; these were admitted at trial.
- Elsasser challenged (1) the denial of a directed verdict on criminal damage to property and (2) the restitution order; the appellate court affirms both challenges.
- Restitution was ordered under OCGA authorities, and Elsasser was allowed to pay the restitution over his probationary term; the court found the restitution amount did not exceed victim’s damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there sufficient evidence of criminal damage >$500? | State contends evidence via repair bill and photos proves >$500. | Elsasser argues insufficient evidence of amount of damage. | Yes; probative evidence (repair bill, photos, repair costs) supported >$500 damage. |
| Is restitution for medical costs proper where offender was acquitted of aggravated battery? | Restitution authorized for damages caused by simple battery. | Rider limits restitution when acquitted of the acts causing injuries. | Restitution proper; damages relate to acts proven (simple battery) and do not exceed victim’s damages. |
| May restitution be paid over probation as a condition of probation? | Restitution should be paid as part of sentence. | Allowing payment during probation is discretionary. | Court did not abuse discretion; restitution can be paid over probation. |
Key Cases Cited
- Polite v. State, 273 Ga. App. 235 (Ga. App. 2005) (evidence of repair costs admissible to prove damage value)
- Holbrook v. State, 168 Ga. App. 380 (Ga. App. 1983) (damages proven by cost of repairs and related proofs)
- Leeks v. State, 281 Ga. App. 274 (Ga. App. 2006) (sufficient evidence where repair costs exceed $500)
- Rider v. State, 210 Ga. App. 802 (Ga. App. 1993) (acquittal of aggravated battery can affect damages; distinguishable from present case)
- Crozier v. State, 233 Ga. App. 831 (Ga. App. 1998) (victim may recover all medical costs related to defendant’s actions)
- Dorsey v. State, 206 Ga. App. 709 (Ga. App. 1992) (proximate cause question for damages as a factual issue)
- Zipperer v. State, 299 Ga. App. 792 (Ga. App. 2009) (restitution framework; damages limitations)