Following a bench trial, the Superior Court of Decatur County found Sandra Ousley guilty beyond a reasonable doubt of one felony count of fraud in obtaining public assistance, OCGA § 49-4-15 a, and twelve counts of making false statements and writings, concealing facts, and executing fraudulent documents in matters within the jurisdiction of state or political subdivisions, OCGA § 16-10-20. She appeals, contending that the court erred in finding that the twelve counts of making false statements did not merge as a matter of fact with the fraud count. For the following reasons, we reverse the felony fraud conviction and remand for resentencing for misdemeanor fraud in obtaining public assistance. We affirm the convictions for making false statements and find that they do not merge into the fraud count as a matter of law or fact. 1. As an initial matter, we have reviewed the record and find that the evidence presented by the State is insufficient as a matter of law1 to support Ousley’s felony conviction for fraud in obtaining public assistance, OCGA § 49-4-15.2 In the indictment, the State charged Ousley with fraud, alleging that, between March 1, 2002 and March 31, 2006, Ousley made false statements and, as a result, she obtained a larger amount of public assistance food stamps, Temporary Aid to Needy Families, and childcare support than she was entitled to, in an amount exceeding $500, “to wit: $24,616.00.”
During the bench trial, the State presented evidence that showed that Ousley got married in January 2002 and that her husband was living with her and her three children during the relevant time period. The State also showed that Ousley repeatedly failed to report her husband or his income to the State agencies from which she was receiving public assistance.3 According to the State, because the number of occupants in the home and the income of those occupants determines the amount of public assistance that a family receives, Ousley received more public assistance money than she would have been entitled to had she been honest.
