HOGUES v. State
313 Ga. App. 717
Ga. Ct. App.2012Background
- Hogues was convicted of felony theft by receiving stolen property.
- Laurel Mason used a residential cleaning service; Hogues sometimes assisted in cleaning Mason's house in July–August 2006.
- In July 2006 Mason misplaced a ruby/diamond ring; in August she noticed a second ring missing and later a third.
- A ring matching the description of the missing ring was found in Hogues's possession; Mason’s husband identified it at trial; appraiser valued the ring at $5,200.
- Hogues testified the ring shown to the cleaner owner was his property and not Mason's; a friend testified he had purchased a different ruby/diamond ring.
- The trial court admitted Hogues's prior felony convictions to impeach him; the court found the probative value outweighed prejudice; Hogues challenged this on appeal, arguing improper balancing and non-dishonest prior offenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for theft by receiving stolen property | Hogues possessed stolen ring; knowledge of theft alleged | Questioned possession and ownership; insufficient link to theft | Evidence sufficient; reasonable juror could find elements beyond reasonable doubt |
| Admissibility of prior felony convictions for impeachment | Court failed to conduct proper balancing and record statutory findings | Court properly weighed probative value against prejudice on record | Court made express balancing findings; admissibility upheld |
| Adequacy of the trial court’s statutory findings under OCGA 24-9-84.1 | Findings did not satisfy the statute | Findings satisfied statutory intent, even in power of new trial order | Express findings on admissibility satisfied OCGA 24-9-84.1 requirements |
Key Cases Cited
- DeLong v. State, 270 Ga.App. 173 (Ga. App. 2004) (relevance of possession/ownership in theft-by-receiving cases)
- Quiroz v. State, 291 Ga.App. 423 (Ga. App. 2008) (necessity of balancing test for prior convictions)
- Carter v. State, 303 Ga.App. 142 (Ga. App. 2010) (express findings on admissibility satisfy OCGA 24-9-84.1)
- Clements v. State, 299 Ga.App. 561 (Ga. App. 2009) (whether prior conviction involves dishonesty for credibility purposes)
- Hopkins v. State, 309 Ga.App. 298 (Ga. App. 2011) (prior burglary conviction upheld for impeachment where credibility relevant)
- Whitaker v. State, 283 Ga. 521 (Ga. 2008) (clarifies applicability of prior felonies to impeachment)
- Wilkes v. State, 293 Ga.App. 724 (Ga. App. 2008) (prior felonies admissible under 24-9-84.1 governing impeachment)
- Jackson v. Virginia, 443 U.S. 307 (1989) (sufficiency standard for evidence)