Heatherly v. the State
336 Ga. App. 875
Ga. Ct. App.2016Background
- Robert Wayne Heatherly, Jr., a third-shift supervisor at Dalton Paper Products, was accused of providing parts to employee Donald Malone, who sold them as scrap.
- Malone was interviewed by police, confessed to selling the missing parts, and implicated Heatherly; receipts for the scrap sales were in Malone’s name and included vehicle descriptions that matched.
- Heatherly was charged with felony theft by taking and tried in a bench trial; Malone testified against him pursuant to a plea deal.
- The trial court initially convicted Heatherly of felony theft, then reduced the conviction to a misdemeanor after a restitution hearing based on the value of the items.
- Heatherly moved for a new trial arguing the accomplice testimony (Malone’s) lacked required corroboration; the trial court denied the motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether accomplice testimony required corroboration to sustain the conviction | Heatherly: Malone’s testimony was uncorroborated and insufficient to support conviction | State: Evidence (e.g., Malone’s admissions, receipts, matching vehicle descriptions) sufficed given case posture | Court: No reversal — corroboration not required for misdemeanor conviction; trial court did not abuse discretion |
Key Cases Cited
- Culver v. State, 230 Ga. App. 224 (discussing standard of review and viewing evidence in light most favorable to verdict)
- Williams v. State, 228 Ga. App. 698 (same general standard cited for appellate review)
- Mondy v. State, 229 Ga. App. 311 (review of denial of motion for new trial is for abuse of discretion)
- Gilmore v. State, 315 Ga. App. 85 (state generally must corroborate accomplice testimony in felony prosecutions)
- Lee v. State, 199 Ga. App. 246 (corroboration of accomplice testimony not required to sustain a misdemeanor conviction)
- Youmans v. State, 51 Ga. App. 373 (early precedent holding corroboration unnecessary for misdemeanors)
