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Riddle v. State

The defendant's actions in presenting a stolen lottery ticket as legitimate supported his conviction under O.C.G.A. § 50-27-27 b.

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Following a jury trial, Richard Riddle appeals from his conviction of influencing the winning of a lottery prize1 two counts, arguing that 1 the criminal statute proscribing the offense did not apply to his conduct, and 2 the evidence was insufficient to show he committed the offense as alleged. For the reasons that follow, we affirm. Construed in favor of the verdict,2 the evidence shows that at approximately 5:10 a.m. one morning, police responded to a burglary call at a Shell gas station. They observed that the glass door had been smashed, the counter was in disarray, and several rolls of lottery tickets had been stolen. Police reported the stolen tickets to the Lottery Commission, which deactivated the tickets, and at approximately 8:30 a.m., police received a call about an attempt to cash in a stolen lottery ticket at a nearby convenience store. Police responded to that scene and arrested Riddle, whom the clerk identified as presenting two purportedly winning tickets worth a total of $110 plus a free ticket. The tickets matched the serial numbers of those stolen from the Shell station, and a Shell employee confirmed that the tickets presented by Riddle had never been sold.

Riddle was charged with committing the Shell station burglary and influencing the winning of a lottery prize. In a jury trial, Riddle was found not guilty of the burglary and guilty of two counts of influencing the winning of a lottery prize. This appeal followed.

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