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STATE v. KELL

Nos. S02G0997, S02G1144.

577 S.E.2d 551 (2003)

276 Ga. 423

The STATE v. KELL. The State v. Cash.

Supreme Court of Georgia.

Reconsideration Denied March 28, 2003.

Attorney(s) appearing for the Case

Thurbert E. Baker, Atty. Gen., Harrison W. Kohler, Senior Asst. Atty. Gen., for appellant in No. S02G0997.

Leonard L. Franco, Atlanta, Thomas C. Rowsey, Cumming, for for appellee in No. S02G0997.

Thurbert E. Baker, Atty. Gen., Michael D. Johnson, Asst. Atty. Gen., for appellant in No. S02G1144.

James A. Yancey, Brunswick, for appellee in No. S02G1144.

THOMPSON, Justice.

We granted certiorari to the Court of Appeals in these consolidated cases to determine where venue lies in the prosecution of cases of Medicaid fraud committed by a fraudulent scheme or device under OCGA § 49-4-146.1(b)(1)(C). We hold that venue is proper in any county where an act was committed in furtherance of the fraudulent transaction. To the extent that the Court of Appeals reached a contrary conclusion in Culver v. State,

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