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Hettrick v. State

The jury could infer from the evidence that the defendant intended to deprive his employer of funds belonging to it when he, without his employer's authorization, wrote numerous checks to himself and his co-defendant brother that exceeded the pay to which they were entitled and used the employer's bank card to make several unauthorized purchases that were not for business use.

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After a joint jury trial, brothers James and Michael Hettrick were each convicted of felony theft by taking OCGA § 16-8-2 and the trial court, among other things, ordered both defendants to pay restitution. In Case Number A15A0869, Michael Hettrick argues that the evidence was insufficient to support his conviction, but from that evidence a rational trier of fact could have found him guilty beyond a reasonable doubt. Michael Hettrick also argues that he received ineffective assistance of counsel, but he did not show that his trial counsel performed deficiently. In Case Number A15A0868, James Hettrick argues that the trial court erred in making both defendants jointly and severally liable for the ordered restitution, but OCGA § 17-14-7 c permitted that ruling. Accordingly, we affirm the judgments in both cases.

Case No. A15A0869

1. Sufficiency of the evidence.

Michael Hettrick argues that the evidence was insufficient to support his conviction for theft by taking. That offense is committed when a person “unlawfully takes, or being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which the property is taken or appropriated.” OCGA § 16-8-2. On appeal from a criminal conviction, the standard for reviewing the sufficiency of the evidence

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