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Roman v. State

The defendant's indictment, which failed to allege any value for the stolen goods, was not defective, since the value of stolen property is not an essential element of the crime of theft by taking, but is relevant only for sentencing purposes.

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Curtis Jerome Roman appeals his conviction for felony theft by taking, contending that the indictment was defective in failing to allege any value for the goods stolen. For the reasons that follow, we affirm Roman’s conviction and sentence. Viewing the evidence in the light most favorable to the jury’s verdict,1 the evidence adduced at trial showed that on Sunday, December 9, 2007, Clayton County Police Officer Jeremy Brannon responded to a call reporting a possible theft from Pumpco, a cement pumping company, which was not open for business at that time. As the officer pulled up at Pumpco’s building, he observed Roman’s car parked in front of an open gate behind the building. Tire tracks led from Roman’s vehicle to the back of the building. Roman, who was sweating profusely, was standing near the car. The officer observed two rims and a tire inside Roman’s car; these items were identified as the property of Pumpco by a Pumpco employee, who testified that the value of the items was approximately $1,000.

Roman was indicted on one count of theft by taking and one count of loitering. He was found guilty of both counts following a jury trial. On the verdict form, the jury indicated that the value of the items stolen was in excess of $100. Roman was sentenced to ten years on the theft by taking count, with three to serve in confinement and seven on probation, and to 12 months on the loitering count. The trial court denied Roman’s amended motion for new trial, and this appeal followed.

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