Brown v. State

The evidence was sufficient to authorize the trial court to exercise its discretion to sentence the defendant to felony theft by taking under O.C.G.A. § 16-8-12 subsection a 5 A after he stole four car engines with a value exceeding $100.

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Johnny Jerome Brown was convicted following a bench trial of felony and misdemeanor theft by taking. Brown filed a motion for new trial asserting the general grounds, and after he was appointed new appellate counsel, amended his motion to also raise a challenge to the sufficiency of the evidence. The trial court denied Brown’s motion following a hearing, and Brown filed a notice of appeal to this Court.1 As more fully set forth below, we now affirm.

1. Brown first contends that his waiver of jury trial was not knowingly and intelligently made and that the trial court erred by refusing to allow him to revoke his waiver. The record shows that following a hearing during which Brown was placed under oath and examined by the trial court concerning his desire to waive his right to a jury trial, Brown executed a Consent Order Granting Waiver of Jury Trial, which set out that Brown had waived his right to be tried by a jury in open court after the trial court had conducted a thorough inquiry into his request. However, on the morning of trial, Brown’s counsel informed the trial court that Brown had indicated to her that he wished to revoke his jury trial waiver, and Brown then informed the trial court that he signed the jury trial waiver because his previous counsel had assured him that the State was only seeking restitution and that it was in his best interest to sign the waiver so they could waive having people in a jury. Brown’s current trial attorney stated that she did not have any personal knowledge of the discussions between Brown and his previous attorney, but that she agreed with the advice that it would be in Brown’s best interests to waive his right to a jury trial. Noting that the case was four years old and that all the witnesses were present, the trial court found that it would thwart the work of the court to allow Brown to withdraw his waiver of jury trial and denied Brown’s motion.

Brown v. State

The evidence was sufficient to authorize the trial court to exercise its discretion to sentence the defendant to felony theft by taking under O.C.G.A. § 16-8-12 subsection a 5 A after he stole four car engines with a value exceeding $100.

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