564 S.E.2d 522 | Ga. Ct. App. | 2002
Dexter Renaldo Wright appeals his conviction of felony theft by shoplifting, contending that the accusation was defective and that the evidence was insufficient. For the reasons set forth below, we affirm.
1. When reviewing a criminal conviction, we view the evidence in the light most favorable to the verdict and do not weigh the evidence nor judge the witnesses’ credibility.
So viewed, the evidence shows that on April 1, 2000, a Kroger store employee observed Wright placing meats into grocery bags as
By this time, one of the store’s managers arrived to assist the clerk. The manager testified that he also asked Wright for a receipt. Wright stated that he thought he had one in his pocket. While searching his pockets, Wright continued to push the cart outside the store. The manager was able to engage Wright in conversation until the police arrived.
Wright testified in his own behalf. He claimed that he stood in the checkout line until he realized he did not have enough money to pay for the groceries. According to Wright, he asked an employee to watch his buggy while he went to his car to get more money. However, the drug store clerk testified that Wright never offered to obtain money from his car.
Wright argues that his conviction should be reversed because the state failed to prove beyond a reasonable doubt that the value of the items taken totaled more than $300.
2. Similarly, Wright contends that the accusation was void because it failed to assign a value to each stolen item. We disagree. At the outset, we note that by failing to file a demurrer or a motion in
Judgment affirmed.
Davis v. State, 244 Ga. App. 708, 709 (1) (536 SE2d 596) (2000).
Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).
Felony shoplifting is the theft of items with a value of more than $300. OCGA § 16-8-14 (b) (1).
Green v. State, 177 Ga. App. 179, 180 (2) (338 SE2d 761) (1985).
Moncus v. State, 229 Ga. App. 803, 804 (1) (a) (495 SE2d 118) (1997).
Brown v. State, 160 Ga. App. 285, 286 (287 SE2d 278) (1981).
Parks v. State, 246 Ga. App. 888, 889 (1) (543 SE2d 39) (2000).
England v. State, 232 Ga. App. 842, 844 (2) (502 SE2d 770) (1998); Duggan v. State, 225 Ga. App. 291, 297 (8) (483 SE2d 373) (1997); Dunbar v. State, 209 Ga. App. 97, 98 (432 SE2d 829) (1993); Ivie v. State, 151 Ga. App. 496, 497 (2) (260 SE2d 543) (1979).
OCGA § 16-8-14 (a), (b) (1).
Dunbar, supra.