Gautreaux v. State
314 Ga. App. 103
Ga. Ct. App.2012Background
- Gautreaux was convicted by a jury of felony theft by taking and sentenced to ten years in confinement followed by five years’ probation.
- She challenged venue, arguing the State failed to prove it beyond a reasonable doubt.
- She held a key bookkeeping role at Cammon Steel, controlling financials and bank statements.
- The company’s president discovered several unauthorized or inflated checks, including a $6,409 check she could not account for.
- An expert linked endorsed checks to Gautreaux’s handwriting; she claimed extra pay for work and loans not reflected in the register.
- The trial court sustained the State’s objection to cross-examining the president about his tax‑evasion actions, and the court affirmed the judgment on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Venue proven beyond reasonable doubt | Gautreaux argues venue failed | State contends sufficient venue evidence | Yes; venue proven beyond a reasonable doubt |
| Exclusion of cross-examination on tax liability | Cross-examination would show res gestae and non‑guilty motive | Court properly limited evidence | No abuse of discretion; ruling upheld |
Key Cases Cited
- Bell v. State, 284 Ga. 790 (2009) (venue as jurisdictional; proof required)
- Williams v. State, 297 Ga.App. 150 (2009) (theft by taking venue in proper county where control existed)
- Hawkins v. State, 167 Ga.App. 143 (1983) (venue proper in either county in cross-county theft by taking)
- Spencer v. State, 287 Ga. 434 (2010) (abuse of discretion standard for evidentiary ruling)