Pettiford v. State

Following a bench trial, John Lewis Pettiford appeals from his conviction on three counts of felony theft by deception. For the following reasons, we affirm the conviction on count one, vacate the convictions on counts two and three, and remand the case for re-sentencing. 1. Contrary to Pettiford’s contention, the evidence was sufficient to support the guilty verdicts. On appeal from a criminal conviction, the defendant is no longer entitled to a presumption of innocence, and the evidence is viewed in the light most favorable to the guilty verdicts. Parker v. State , 220 Ga. App. 303 469 SE2d 410 1996. By this standard, there was evidence that Pettiford was guilty of felony theft by deception in violation of OCGA § 16-8-3 when he used deceitful means to obtain from the rightful owner three pieces of earth moving equipment each having a value in excess of $500.

There was evidence that Pettiford agreed to buy the three pieces of equipment, each valued at over $500, for a total purchase price of $21,000. Pettiford took possession of the equipment from the owner representing that he needed to have the equipment inspected prior to buying it and that he had a loan from a bank for the purchase price that would be completed within a week. Evidence showed that, after the equipment was inspected, Pettiford kept the equipment without paying for it, and that he did not have a bank loan for the purchase price.