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Doe v. State

The defendant engaged in "underhanded dealings in an attempt to influence the winning of a lottery prize" when he leaned over a convenience store counter, tore off lottery tickets without paying for them, scratched the tickets to see if he had won a prize and threw the tickets away when he saw that he had not.

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Over the course of several nights in early 2004, Curtis Lee Doe stole approximately $95 in scratch-off lottery tickets from the TimeSaver #86 convenience store in Glennville, Georgia. He stole the tickets by leaning over a store counter and tearing the tickets from their dispenser. He scratched the tickets to see if he had won a prize, and, when he saw that he had not, he threw all of the tickets away. Doe was indicted for “Falsely Uttering a State Lottery Ticket” under OCGA § 50-27-27. Specifically, Doe was accused of taking approximately 65 scratch-off tickets “with the intent to influence the winning of Georgia Lottery prizes by tampering with lottery materials.” See OCGA § 50-27-27 b. Following a jury trial, Doe was found guilty, and, as a recidivist, he was sentenced to five years imprisonment. The Court of Appeals affirmed Doe’s conviction. Doe v. State , 306 Ga. App. 348 702 SE2d 669 2010. This Court granted Doe’s petition for a writ of certiorari to determine whether the Court of Appeals erred in finding that the theft of lottery tickets from a lottery ticket dispenser was sufficient to constitute tampering with lottery materials within the meaning of OCGA § 50-27-27. For the reasons that follow, we affirm.

Our decision in this case turns on the proper interpretation of OCGA § 50-27-27. The statute provides that any person who influences or attempts to influence the winning of a prize through the use of coercion, fraud, deception, or tampering with lottery equipment or materials shall be punished by a fine not to exceed $50,000.00 or by imprisonment for not longer than five years or both. In construing this statute,

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