Litman v. State

Following a jury trial, Johnny Litman was convicted of four counts of Dougherty County ordinance violations relating to weeds, refuse, and “junk” vehicles on his residential property. Litman appeals pro se, alleging that i the junk vehicle ordinance is unconstitutional, ii the trial court erred in failing to provide him with a continuance, iii the evidence was insufficient to sustain his convictions, iv the trial court erred in refusing his request to admit evidence of the potential value of his vehicles, and v the trial court erred in imposing a sentence that was unduly harsh. For the reasons provided below, we affirm in part and reverse in part. Construed most strongly in support of the verdict,1 the evidence shows that in March 2007, Litman’s neighborhood association notified the City of Albany Code Enforcement Department regarding numerous cars parked in the backyard of Litman’s residential property. An officer with the Department visited Litman’s property and observed 50-60 vehicles in the backyard, some of which were in various states of disrepair as a result of rust, fire, lack of tires, flat tires, and weeds growing through their fenders or hoods.

On April 6, 2007, the officer returned to Litman’s residence and cited him for violating several provisions of the Dougherty County Code of Ordinances. Those provisions related to the presence, in Litman’s backyard, of tall grass and weeds Dougherty County Code § 2-14-74, refuse and trash Dougherty County Code § 2-14-48 and Dougherty County Standard Housing Code § 307.4, and “junk” vehicles Dougherty County Code § 2-8-3. The citation provided Litman with seven to ten days to remedy the violations.