Mason v. State, 180 Ga. App. 235

348 S.E.2d 754 (Ga. Ct. App. 1986) · Court of Appeals of Georgia · September 9, 1986 · No. 72254

Summary

The Georgia Court of Appeals affirmed Mason's conviction for theft by conversion arising from his receipt and personal use of $10,000 entrusted for investment. The court held that the evidence established conversion under OCGA § 16-8-4, rejected the argument that the acquisition was unlawful from the outset, and upheld the denial of a mistrial based on testimony concerning the defendant's insurance license. The court also concluded that the defendant received effective assistance of counsel.

Holdings

  1. The evidence was sufficient to support Mason's conviction because he lawfully obtained the Borellis' money under an agreement to make a specified investment and knowingly converted the funds to his own use by paying personal debts.
  2. Mason's claim that he intended to convert the money when he received it did not remove the conduct from the theft-by-conversion statute because the evidence authorized a finding that the intent to convert manifested after he lawfully obtained possession of the funds.
  3. The trial court did not abuse its discretion in denying a mistrial because defense counsel opened the door to the subject of Mason's insurance-agent status, allowing the State to conduct a thorough and sifting examination concerning that subject.
  4. Mason was not denied effective assistance of counsel because the record showed that counsel made numerous appropriate pretrial and trial efforts and adequately represented him.

Questions Presented

  1. Whether the evidence was sufficient to support Mason's conviction for theft by conversion under OCGA § 16-8-4.
  2. Whether Mason's conduct constituted theft by conversion rather than theft by taking because his intent to convert arose after he lawfully obtained the funds.
  3. Whether the trial court abused its discretion by denying a mistrial after the State elicited testimony concerning a temporary administrative revocation of Mason's insurance license.
  4. Whether Mason was denied effective assistance of counsel at trial.

Disposition

affirmed

Cases Cited (9)

  • Butler v. State, 170 Ga. App. 257, 258 (1), 316 S.E.2d 841(followed/applied)
  • Jackson v. Virginia, 443 U.S. 307, 99 S. Ct. 2781, 61 L. Ed. 2d 560(followed/applied)
  • Garrett v. State, 147 Ga. App. 666, 250 S.E.2d 1(followed/applied)
  • Fortson v. State, 240 Ga. 5, 6 (2), 239 S.E.2d 335(followed/applied)
  • Mulkey v. State, 250 Ga. 444, 446 (3), 298 S.E.2d 487(followed/applied)
  • Phillips v. State, 254 Ga. 370, 371, 329 S.E.2d 475(followed/applied)
  • Estes v. Perkins, 225 Ga. 268, 269, 167 S.E.2d 588(followed/applied)
  • Austin v. Carter, 248 Ga. 775, 779 (2)(c), 285 S.E.2d 542(followed/applied)
  • Heard v. State, 177 Ga. App. 802, 804 (5), 341 S.E.2d 459(followed/applied)

Cited In (0)

No citing cases on record yet.

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