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Sallee v. State

The evidence supported the attorney's conviction for insurance fraud, since the record showed that the attorney encouraged the seller of real property destroyed by fire to file an insurance claim on the property after she had already sold it and that he filed the proof of loss statement, which falsely claimed a loss of approximately $118K.

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Following a jury trial, Mark Thomas Sallee was convicted of one count of insurance fraud OCGA § 33-1-9.1 In an out-of-time appeal, Sallee appeals from the denial of his motion for new trial, contending that 1 insufficient evidence supported his conviction; 2 the trial court erred in denying his general and special demurrers and his plea in abatement; 3 there was a fatal variance in the evidence; 4 the trial court erred in denying his motion for a mistrial based on juror misconduct; 5 the trial court improperly commented on the evidence; 6 Sallee was selectively and vindictively prosecuted; 7 the trial court was biased; and 8 Sallee’s trial counsel was ineffective. This Court discerns no error. For the reasons that follow, we affirm Sallee’s conviction.

Viewed in the light most favorable to the conviction,2 the evidence shows that from 1995 to 2005, home builder John David Grice was married to Kim Grice Pack. In 2005, Grice purchased a 25-acre lot in Cutcane Ridge subdivision in Mineral Bluff for development and subsequently conveyed Lot 5 “the Property” to Pack. Pack obtained a loan from Home Bank and Grice built a house on the Property. Pack also obtained a builder’s risk insurance policy on the Property from Zurich Assurance Company of America “Zurich”.

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