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Shaheed v. State

Defendant's flight in the stolen car and then on foot was circumstantial evidence of his guilt.

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Amed Shaheed was indicted by a Fulton County grand jury on one count of theft by receiving stolen property, OCGA § 16-8-7 a, one count of fleeing or attempting to elude a police officer, OCGA § 40-6-395 a, and one count of theft by taking, OCGA § 16-8-2. A jury found him guilty of theft by receiving and fleeing or attempting to elude and acquitted him of theft by taking. Shaheed appeals, and we affirm.

1. Shaheed asserts the general grounds, contending that because the State charged him with both theft by taking and theft by receiving, it presented no evidence as to whether he stole or received the property. But while “the crimes of theft by taking and theft by receiving are mutually exclusive, Cit.,” Robinson v. State, 215 Ga. App. 125, 126 1 449 SE2d 679 1994, “the charges of theft by taking and theft by receiving were alternative charges for the jury to choose if the State failed to carry the burden on identity.” Rivers v. State, 225 Ga. App. 558, 560 1 484 SE2d 519 1997.

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