Terrell v. State

Evidence that the defendant fled to Mexico and lived under an alias for six month supported a finding that he converted a $20,000 wood-chipper, which he rented after providing the owner with false information.

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A Cobb County jury convicted Appellant Tracey Lamar Terrell of theft by conversion.1 He appeals from the denial of his motion for new trial, challenging only the sufficiency of the evidence to support his conviction. Terrell contends that the state failed to prove he acted with criminal intent and argues that the facts and circumstances of the case presented no more than a civil breach of contract. We disagree and affirm. A person commits the offense of theft by conversion when, having lawfully obtained funds or other property of another including, but not limited to, leased or rented personal property, under an agreement or other known legal obligation to make a specified application of such funds or a specified disposition of such property, he knowingly converts the funds or property to his own use in violation of the agreement or legal obligation. OCGA § 16-8-4 a. The presence of fraudulent intent distinguishes criminal theft by conversion from a breach of contract. Tukes v. State , 250 Ga. App. 117, 118 1a 550 SE2d 678 2001. On appeal, we view the evidence in the light most favorable to the verdict Massalene v. State , 224 Ga. App. 321, 3233 480 SE2d 616 1997. So viewed, the evidence shows that on March 10, 2000, Terrell rented a Vermeer 9 inch wood chipper “the wood chipper” valued at approximately $20,500.00 from Ready Rent-All “the store” in Mableton, Georgia. The wood chipper weighed almost 3,800 pounds, was approximately seven feet tall and twelve feet long, and was mounted on its own wheels. Terrell executed a rental agreement, paid a $400 deposit, and provided the store management with contact information, which later proved to be false.2

Fred Ellis, the store’s assistant manager attached the wood chipper to the back of Terrell’s U-Haul truck, and Terrell drove away. According to the terms of the rental agreement, Terrell was to return the wood chipper four hours later that same day. Terrell failed to return the wood chipper that day or on any day thereafter.

Terrell v. State

Evidence that the defendant fled to Mexico and lived under an alias for six month supported a finding that he converted a $20,000 wood-chipper, which he rented after providing the owner with false information.

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