Erick v. State
322 Ga. App. 71
Ga. Ct. App.2013Background
- Erick worked for D&S Glass as a project manager and planned to start his own glass company.
- In June 2007 Erick arranged a $39,644 glass installation contract in Fulton County, including a $20,000 deposit, and represented himself as D&S Glass to the homeowner.
- The general contractor and homeowner were directed to view glass at D&S, but the signer of the proposal listed Erick’s Glass and paid the deposit to Erick’s entity.
- Erick used the $20,000 deposit to start Erick’s Glass, not to pay D&S; only some work was completed and quality issues arose.
- The deposit check was deposited into a Gwinnett County Bank of America ATM on the same day Erick was given the check, triggering venue consideration.
- Cobb County transferred the case to Gwinnett County after learning of the ATM deposit location; Erick was tried by bench trial in Gwinnett County.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether venue in Gwinnett County was proper | State argues venue was proper due to control over funds deposited in Gwinnett. | Erick contends there is insufficient evidence he deposited or controlled funds in Gwinnett. | Venue proper in Gwinnett County. |
Key Cases Cited
- Bell v. State, 284 Ga. 790 (2009) (venue is a jurisdictional fact proved beyond reasonable doubt)
- Williams v. State, 297 Ga. App. 150 (2009) (venue may be proven by direct or circumstantial evidence)
- Gautreaux v. State, 314 Ga. App. 103 (2012) (venue proper where checks were taken or deposited)
- Bearden v. State, 316 Ga. App. 721 (2012) (venue proper in the county where checks were deposited)
- Queen v. State, 210 Ga. App. 588 (1993) (venue where a defendant’s agent exercised control over property)
- DeVine v. State, 229 Ga. App. 346 (1997) (receipt of funds by an agent establishes venue)