Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Green v. State

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

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Go to Events Go to Webcasts
BUSINESS LITIGATION ATTORNEY -- HARTFORD, CT

McCarter & English, LLP is actively seeking a litigation associate for its office located in Hartford, CT. One to three years of experie...


Apply Now ›
Associate Litigator

Borteck & Czapek, P.C., based in Florham Park, is a boutique estates and trusts law firm specializing in estate planning and administrat...


Apply Now ›
Gwinnett County: State Court Staff Attorney

Gwinnett County State Court is seeking an attorney to assist the Judge by conducting a variety of legal research, analysis, and document pre...


Apply Now ›
Go to Lawjobs