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DOE v. STATE

No. S11G0335.

725 S.E.2d 234 (2012)

290 Ga. 667

DOE v. The STATE.

Supreme Court of Georgia.

March 5, 2012.

Attorney(s) appearing for the Case

Craig T. Pearson , for appellant.

Tom Durden , Dist. Atty., Sandra Dutton , Asst. Dist. Atty., for appellee.

Samuel S. Olens , Atty. Gen., R.O. Lerer , Deputy Atty. Gen., William W. Banks, Jr. , Sr. Asst. Atty. Gen., Julie A. Jacobs , Asst. Atty. Gen., amicus curiae.

MELTON, Justice.

Over the course of several nights in early 2004, Curtis Lee Doe stole approximately $95 in scratch-off lottery tickets from the TimeSaver #86 convenience store in Glennville, Georgia. He stole the tickets by leaning over a store counter and tearing the tickets from their dispenser. He scratched the tickets to see if he had won a prize, and, when he saw that he had not, he threw all of the tickets away.

Doe was indicted for "Falsely Uttering...

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