Graf v. State
327 Ga. App. 598
Ga. Ct. App.2014Background
- Graf was convicted of arson, possession of cocaine, and possession of marijuana based on circumstantial evidence.
- Fire destroyed Graf’s insured dwelling; investigators deemed the fire incendiary with gasoline as an accelerant.
- Evidence linked Graf to missing, recovered, or relocated possessions and unusual financial activity post-fire.
- Graf was investigated with Strobel; their travel and financial records placed them near Charlotte the day of the fire.
- Trial consolidated drug and arson charges; restitution was ordered at sentencing without a separate restitution hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of arson evidence | Graf argues insufficient evidence for first-degree arson. | People contend circumstantial evidence supports arson. | Evidence sufficient to sustain arson conviction. |
| Joint trial of arson and drug charges | Join was improper and prejudicial. | Joinder proper as part of a single scheme and motive shown. | No abuse of discretion; joinder affirmed. |
| Exclusion of expert testimony | Hearsay exclusion of expert conversation was error. | Any issue waived due to lack of written report under reciprocal discovery rule. | Error not preserved; affirmed admission ruling. |
| Restitution hearing | Separate restitution hearing required. | No mandatory separate hearing; sentencing includes restitution factors. | No reversible error; restitution proper based on evidence and statutory factors. |
Key Cases Cited
- Wade v. State, 195 Ga. 870 (Ga. 1943) (circumstantial evidence sufficient for arson credibility bedrock)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (rational trier of fact could find guilt beyond reasonable doubt)
- Dingler v. State, 233 Ga. 462 (Ga. 1975) (statutory or rule-based joinder prerequisites for charges)
- Simmons v. State, 282 Ga. 183 (Ga. 2007) (abuse of discretion standard for joinder decisions)
- Wilcox v. State, 271 Ga. 544 (Ga. 1999) (evidentiary complexity does not force severance)
- McCart v. State, 289 Ga. App. 830 (Ga. 2008) (no written findings required for restitution order)
- Watts v. State, 321 Ga. App. 289 (Ga. 2013) (restitution factors must be considered; lack of recordspecific support subject to remand)
- Wilson v. State, 317 Ga. App. 171 (Ga. 2012) (affirming restitution where supported by preponderance of evidence)
- Strobel v. State, 322 Ga. App. 569 (Ga. 2013) (related arson conviction context for cross-reference)