State v. Thomas
331 Ga. App. 220
Ga. Ct. App.2015Background
- Shannon D. Thomas was indicted for one count of felony theft by taking under OCGA § 16-8-2, alleging that between November 17, 2012 and December 15, 2012 she unlawfully took United States funds belonging to Robert Lee valued over $5,000.
- The alleged misconduct involved unauthorized charges on a credit card issued to Lee; surveillance video linked Thomas (and her estranged husband) to some purchases, and a $2,500 bank account withdrawal was used to cover the card charges.
- Thomas filed a special demurrer/motion to quash arguing the single-count indictment failed to specify the manner of commission (individual card uses vs. a single $2,500 taking) and did not sufficiently narrow the date(s) of the offenses.
- The trial court granted the demurrer, reasoning that because the thefts involved use of a financial card the State could readily provide specific dates and a clearer statement of the manner of theft.
- The State appealed the interlocutory ruling, arguing that a date range and a single cumulative count charging many small thefts as a felony were sufficient.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an indictment that alleges a date range and a single cumulative felony count for multiple unauthorized card transactions is sufficiently specific | The State: date range and single count covering cumulative thefts is adequate; specific dates not required | Thomas: indictment must specify manner (individual card uses vs. single taking) and narrow dates when the State can reasonably do so | Court: Indictment defective — failed to state manner of commission and could have identified specific dates; demurrer properly granted |
Key Cases Cited
- State v. Layman, 279 Ga. 340 (2005) (State must narrow date of offense when it reasonably can)
- Blackmon v. State, 272 Ga. App. 854 (2005) (indictment lacking a specific date is subject to special demurrer absent evidence that dates cannot be identified)
- State v. Bair, 303 Ga. App. 183 (2010) (discussing charging multiple thefts in a cumulative count; context differs when indictment form is challenged)
- Stack-Thorpe v. State, 270 Ga. App. 796 (2004) (post-conviction sufficiency case recognizing cumulative-theft charging theory)
- Christian v. State, 288 Ga. App. 546 (2007) (post-conviction sufficiency case on cumulative thefts)
- Patterson v. State, 289 Ga. App. 663 (2008) (post-conviction sufficiency case on proving thefts charged cumulatively)