Stratacos v. State
312 Ga. App. 783
Ga. Ct. App.2011Background
- Steven George Stratacos was charged with ten counts of theft by deception and ten counts of conversion of payments for real property improvements.
- He was tried by jury and convicted on all ten counts of theft by deception; motions for new trial were denied.
- On appeal, Stratacos argues the court failed to instruct on his sole defense of claim of right and erred in denying directed verdict on several counts.
- Evidence showed multiple contracts under the name Steve George for home improvements between Nov 2005 and July 2006.
- In several contracts, Stratacos received payment but did not complete the promised work.
- The State presented instances of prior guilty pleas related to similar theft/conversion offenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had to give a claim of right charge. | Stratacos contends the charge was required under OCGA § 5-5-24 (c). | Stratacos argues the sole defense should have been charged sua sponte as applicable. | No error; claim of right not the sole defense and not warranted sua sponte. |
| Whether the evidence supported a directed verdict on theft by deception counts. | Evidence insufficient to prove value of work separate from advances; lacked contract-based proof. | There was no definite contract or intent to perform; insufficient for theft by deception. | Sufficient evidence; denial of directed verdict affirmed. |
Key Cases Cited
- Watts v. State, 259 Ga. App. 531 (Ga. App. 2003) (affirmative defense must be charged if evidence supports it, even without objection)
- Campbell v. State, 286 Ga. App. 72 (Ga. App. 2007) (proof required for theft by deception includes contract, nonperformance, and nonreturn of funds)
- Davis v. State, 269 Ga. 276 (Ga. 1998) (trial court not required to give defense where not sole defense)
- Kimble v. State, 209 Ga. App. 36 (Ga. App. 1993) (directed verdict standard; sufficiency review applies)
- Mathis v. State, 147 Ga. App. 148 (Ga. App. 1978) (claim of right not mere denial of intent to deprive; affirmative defense requires proper charge)
- Adams v. State, 249 Ga. App. 730 (Ga. App. 2001) (promising services without intent to perform is a basis for theft by deception)