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ROMANO v. STATE

No. A04A0488.

599 S.E.2d 234 (2004)

267 Ga.App. 250

ROMANO v. The STATE.

Court of Appeals of Georgia.

May 5, 2004.

Attorney(s) appearing for the Case

Carlisle, Wren & McClurg, William R. Carlisle, Monroe, for appellant.

Gerald N. Blaney, Jr., Solicitor-General, Jeffrey P. Kwiatkowski, Emilien O. Loiselle, Jr., Assistant Solicitors-General, for appellee.

MILLER, Judge.

Patrick Romano appeals from his theft by shoplifting conviction, contending that there was a fatal variance between the proof at trial and the accusation against him. We find no merit in this contention and affirm.

The accusation against Romano charged him with unlawfully taking possession of Wal-Mart merchandise with the intent of appropriating it for his own use without paying for it. The evidence against Romano showed that he took a sticker...

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