Stratacos v. State

The state was not required to prove the value of work done in a theft by deception case arising from the defendant's failure to complete contracting services.

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Steven George Stratacos was charged with ten counts of theft by deception and ten counts of conversion of payments for real property improvements. Following a jury trial, Stratacos was convicted of all ten counts of theft by deception. Citing numerous grounds, he filed a motion for new trial which the trial court denied. He now appeals, asserting that the trial court erred by failing to instruct the jury as to his sole defense of claim of right, and by denying his motion for directed verdict as to several of the counts. Upon our review we affirm. On appeal, we view the evidence, and all reasonable inferences drawn from it, in the light most favorable to the verdict, and we no longer presume the defendant is innocent. Campbell v. State , 278 Ga. 839, 840 1 607 SE2d 565 2005. We do not weigh the evidence or decide the witnesses’ credibility, but only determine if the evidence is sufficient to sustain the convictions. Id.

Viewed in this light, the evidence shows that between November 2005 and July 2006, Stratacos entered into agreements, using the name Steve George, with several persons to perform various contracting jobs. In November of 2005, he contracted with Scott Collins to replace the roof on a commercial building for $10,200. After receiving payment of $6,867, Stratacos worked one day and never completed the job. On March 14, 2006, he contracted with George Pearson to build a storage building for $4,000. He received payment of $3,000, and after pouring a concrete base and framing three walls, he never returned to complete the job. Stratacos contracted with Lynn Faust on March 20, 2006 to replace her roof and install skylights for $4,000. He cashed the $2,000 advance check, cut out holes in the ceiling for skylights, and never returned. He contracted with Leonard Poon on May 30, 2006 for an interior remodel for $4,505,which he never completed after receiving $2,252.50.

Stratacos v. State

The state was not required to prove the value of work done in a theft by deception case arising from the defendant's failure to complete contracting services.

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