Wilson v. State
317 Ga. App. 171
Ga. Ct. App.2012Background
- Wilson contracted to renovate Aarons’ home for about $206,000 and sought a building permit under his own name as owner.
- The permit understated scope and cost to avoid certain county requirements and inspections.
- Aarons later questioned the quality of work, leading to property condemnation and higher costs than estimated.
- Police investigation followed after Aarons compared invoices with another client and noted similarities.
- Wilson was convicted of false statement and writing under OCGA § 16-10-20; other theft/RICO charges were acquitted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance – agency defense | Wilson’s attorney failed to raise agency defense as to ownership on the permit. | Agency defense would have been meritorious and properly instructed to the jury. | Not prejudicial; agency defense not likely to change outcome. |
| Ineffective assistance – failure to call Roberts | Defense counsel should have called Roberts to bolster the defense. | Strategic choice; testimony would not have changed outcome and could hurt defense. | No prejudice; trial strategy not ineffective assistance. |
| Ineffective assistance – objection to Legg and McKenzie | Counsel should have objected to Legg and McKenzie as improper or unqualified. | Objections would have been meritless or futile; procedures valid. | No ineffective assistance; qualifications and testimony were permissible. |
| Restitution validity and procedure | Restitution may be proper for OCGA § 16-10-20 crimes; require separate hearing and notice. | No separate restitution hearing and improper damages measure; restitution not available for private victims. | Restitution authorized; hearing timing waived; damages supported by evidence. |
| Restitution damages and amount | Damages flow from false statements; Aarons suffered losses due to lack of oversight. | Amount must reflect victim’s damages and defendant’s financial ability; constraints apply. | Award of $350,000 supported by preponderance of the evidence. |
Key Cases Cited
- Handley v. State, 289 Ga. 786 (Ga. 2011) (two-prong Strickland test; independent application of law)
- Bruce v. State, 252 Ga. App. 494 (Ga. App. 2001) (discussion of Strickland and presumption of reasonable assistance)
- Kendrick v. State, 290 Ga. 873 (Ga. 2012) (if one prong not shown, court need not address the other)
- Williams v. State, 277 Ga. 853 (Ga. 2004) (reasonableness of trial counsel evaluated at time of trial)
- Fielding v. State, 278 Ga. 309 (Ga. 2004) (expert qualification and implied admission as expert)
- Adams v. State, 291 Ga. App. 681 (Ga. App. 2008) (restitution to victim per OCGA 17-14-2; damages considerations)