DUNCAN v. STATE

No. A06A0507.

629 S.E.2d 577 (2006)

278 Ga. App. 703

DUNCAN v. The STATE.

Court of Appeals of Georgia.

April 10, 2006.


Attorney(s) appearing for the Case

James W. Bradley, Jonesboro, for appellant.

Jewel C. Scott, District Attorney, Billy J. Dixon, Assistant District Attorney, for appellee.


BERNES, Judge.

John Harrison Duncan appeals from his conviction on one count of felony theft by receiving stolen property. Duncan contends that there was insufficient evidence to convict him or to support a felony sentence. He also contends there was a fatal variance between the allegations of the indictment and the proof at trial. We agree that the evidence was insufficient to support felony sentencing, but we affirm in all other respects.

On appeal from...

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