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Green v. State

An variance in the allegations in the indictment and the proof at trial was insufficient to mislead or surprise the defendant.

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Following a bench trial, Fanesia Green was convicted of fraud in obtaining public assistance pursuant to OCGA § 49-4-15. Green appeals, claiming that the trial court erred in failing to find a fatal variance between the allegations contained in the indictment and the proof offered at trial. We find no error and affirm. The evidence presented to the trial court, which Green does not dispute, shows that Green applied for public assistance in the form of food stamps in October 2005. Green did not reveal on her applications that she was living in the same home as Willie Heath, who was the father of her children, nor did she ever reveal that fact to representatives of the Bartow County Department of Family and Children Services. As a result, Green’s allotment of food stamps was based on an inaccurate amount of household income.

Green now acknowledges that from October 2005 through January 2007, she received a total of $7,061 in public assistance, while she was entitled to receive only $1,071. This amount included an aggregate of $4,688 in assistance that Green received during months in which she was not entitled to any food stamps. It also includes an aggregate of $2,373 in assistance that she received during six months in which she was eligible to receive a total of $1,071 in assistance, resulting in excess payments of $1,302.

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