State v. Johnson, 499 S.E.2d 56 (Ga. 1998). · Go Syfert
State v. Johnson, 499 S.E.2d 56 (Ga. 1998). Cases Citing This Book View Copy Cite
77 citation events (66 in the last 25 years) across 2 distinct courts.
Strongest positive: Leeks v. State (ga, 2018-02-19)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 22 distinct citers. How cited ↗
discussed Cited as authority (rule) Leeks v. State
Ga. · 2018 · confidence medium
See Lebis v. State, 302 Ga. 750, 759 (II) (B) n. 3 ( 808 SE2d 724 ) (2017); Butler v. State, 273 Ga. 380, 384 (9) ( 541 SE2d 653 ) 5 (2001); State v. Johnson, 269 Ga. 370, 372 (3) ( 499 SE2d 56 ) (1998).
cited Cited as authority (rule) Evans v. the State
Ga. Ct. App. · 2015 · confidence medium
(Citation and punctuation omitted.) State v. Johnson, 269 Ga. 370, 371 (1) ( 499 SE2d 56 ) (1998).
discussed Cited as authority (rule) The State v. Hasson
Ga. Ct. App. · 2015 · confidence medium
See State v. Al-Khayyal, 322 Ga. App. 718, 720-721, 725 ( 744 SE2d 885 ) (2013) (reversing a trial court’s grant of a pretrial motion to dismiss indictment for lack of venue where the record did not support a finding that it would be impossible for the State to show defendant committed the offenses in a particular county, as alleged in the indictment); Babbitt v. State, 314 *3 Ga. App. 115, 116-117 (1) ( 723 SE2d 10 ) (2012) (reviewing a trial court’s pretrial venue determination following defendant’s motion to dismiss indictment); State v. Johnson, 269 Ga. 370, 372 (2) ( 499 SE2d 56 ) (…
discussed Cited as authority (rule) In the Interest of H. J. C., a Child
Ga. Ct. App. · 2015 · confidence medium
As part of the same statutory scheme, and as the juvenile court noted, OCGA § 15-11-608 (b) provides that a delinquent child’s violation of probation “may be reported to the prosecuting attorney who may file a motion in the court for revocation of probation[,]” and that such a motion “shall contain specific factual allegations constituting each violation of a condition of probation.” (Emphasis supplied.) We are required to read each of these statutes “according to the natural and most obvious import of the language, without resorting to subtle and forced constructions, for the pur…
cited Cited as authority (rule) The State v. Crossen
Ga. Ct. App. · 2014 · confidence medium
State v. Johnson, 269 Ga. 370, 371 (1) ( 499 SE2d 56 ) (1998).
discussed Cited as authority (rule) State v. Faiz A. Al-Khayyal (2×)
Ga. Ct. App. · 2013 · confidence medium
We apply a de novo standard of review to the trial court’s ruling on Al-Khayyal’s plea in bar and motion to dismiss the indictment for improper venue.7 7 See State v. Johnson, 269 Ga. 370, 372 (2) ( 499 SE2d 56 ) (1998) (reviewing de novo a trial court’s determination that venue for a prosecution for using a false document in a matter within the jurisdiction of a state department did not lie in the county where the state office that received the false documents was located, but lay in the county in which the defendant executed the false documents, and reversing the trial court’s order …
examined Cited as authority (rule) State v. Al-Khayyal (3×) also: Cited "see"
Ga. Ct. App. · 2013 · confidence medium
State v. Johnson, 269 Ga. 370, 372 (2) ( 499 SE2d 56 ) (1998). 22 Decided June 19, 2013 Reconsideration denied July 9, 2013 Samuel S. Olens, Attorney General, Laura D.
discussed Cited as authority (rule) Tesler v. State (2×)
Ga. Ct. App. · 2009 · confidence medium
See Spray, supra, 223 Ga. App. at 157 (2) (an act of “falsifying” occurs at the time a false statement is made, and therefore venue is appropriate in the county where the statement was made); State v. Johnson, 269 Ga. 370, 372 (2) ( 499 SE2d 56 ) (1998).
examined Cited as authority (rule) Frazier v. State (3×) also: Cited "see"
Ga. · 2008 · confidence medium
(Cit.)” [Cit.] State v. Johnson, 269 Ga. 370, 371 (1) ( 499 SE2d 56 ) (1998).
discussed Cited as authority (rule) Middlebrooks v. State
Ga. Ct. App. · 2006 · confidence medium
Mikell and Adams, JJ., concur. 1 Eady v. State, 256 Ga. App. 696 ( 569 SE2d 603 ) (2002). 2 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 This information was presented at the suppression hearing, hut not to the jury. 4 Browner v. State, 265 Ga. App. 788, 789 (1) ( 595 SE2d 610 ) (2004). 5 Smithson v. State, 275 Ga. App. 591, 595 (2) ( 621 SE2d 783 ) (2005). 6 State v. McKendree, 188 Ga. App. 290, 291 ( 372 SE2d 673 ) (1988). 7 Holloway v. State, 269 Ga. App. 500, 503-504 (3) ( 604 SE2d 844 ) (2004). 8 McGuire v. State, 266 Ga. App. 673, 678 (3) ( 598 SE2d 55 ) (2004).…
discussed Cited as authority (rule) Walls v. Walls (2×)
Ga. · 2004 · confidence medium
State v. Johnson, 269 Ga. 370, 371 (1) ( 499 SE2d 56 ) (1998).
discussed Cited as authority (rule) State v. Kell
Ga. · 2003 · confidence medium
Studying “the key verbs which define the criminal offense in the statute is helpful in determining venue in doubtful cases.” (Citations and punctuation omitted.) State v. Johnson, 269 Ga. 370, 372 (2) ( 499 SE2d 56 ) (1998).
discussed Cited as authority (rule) Cash v. State
Ga. Ct. App. · 2002 · confidence medium
Ruffin and Ellington, JJ, concur. 1 269 Ga. 370 ( 499 SE2d 56 ) (1998). 2 254 Ga. App. 297 ( 562 SE2d 201 ) (2002). 3 Woods v. State, 244 Ga. App. 359 ( 535 SE2d 524 ) (2000). 4 Id. 5 Id. at 359-360 . 6 Id. at 360 . 7 Id. 8 Id. 9 See Bullard v. State, 242 Ga. App. 843, 844 (2) ( 530 SE2d 265 ) (2000). 10 Jones v. State, 272 Ga. 900, 901 (2) ( 537 SE2d 80 ) (2000). 11 Id. at 901-902 . 12 Supra. 13 Id. at 302-303 (1) (b), citing State v. Johnson, 269 Ga. 370, 372 (2) ( 499 SE2d 56 ) (1998). 14 See Culver, supra. 15 See Jones, supra at 900-901 .
examined Cited as authority (rule) Culver v. State (3×) also: Cited "see, e.g."
Ga. Ct. App. · 2002 · confidence medium
For ease of discussion, we will address these companion appeals in reverse order. 1 We note that the statement of facts in appellants’ combined brief has been completely unhelpful in resolving these appeals because it does not contain a single record reference. 2 See Ney a State, 227 Ga. App. 496 ( 489 SE2d 509 ) (1997). 3 (Emphasis supplied.) 5 Ney, supra at 497 (1). 6 See Jones v. State, 272 Ga. 900, 901 ( 537 SE2d 80 ) (2000). 7 Id. 8 See OCGA § 49-4-146.1 (b) (1) (C). 9 See Jones, supra at 901 (2). 10 See id. 11 Id. at 901-902 (2). 12 State v. Johnson, 269 Ga. 370, 372 (2) ( 499 SE2d 56…
cited Cited as authority (rule) Trent v. Franco
Ga. Ct. App. · 2001 · confidence medium
Co., 246 Ga. App. 783, 786 ( 541 SE2d 420 ) (2000). 5 (Citation omitted.) State v. Johnson, 269 Ga. 370, 372 (1) ( 499 SE2d 56 ) (1998). 6 (Emphasis supplied.) OCGA § 9-11-4 (d) (3).
cited Cited as authority (rule) Foster v. State
Ga. · 2001 · confidence medium
State v. Johnson, 269 Ga. 370, 371 (1) ( 499 SE2d 56 ) (1998).
cited Cited as authority (rule) Jones v. State
Ga. Ct. App. · 2001 · confidence medium
Compare United, States v. Johnson, 323 U. S. 273 (65 SC 249, 89 LE 236) (1944); State v. Johnson, 226 Ga. App. 836 ( 487 SE2d 677 ) (1997), rev’d, 269 Ga. 370, 372 (2) ( 499 SE2d 56 ) (1998).
discussed Cited as authority (rule) Butler v. State (2×)
Ga. · 2001 · confidence medium
State v. Johnson, 269 Ga. 370, 373 (3), 499 S.E.2d 56 (1998).
examined Cited as authority (rule) Glover v. State (5×) also: Cited "see"
Ga. · 2000 · confidence medium
OCGA § 42-8-34.1(c) should be read "according to the natural and most obvious import of the language, without resorting to subtle and forced constructions, for the purpose of either limiting or extending [its] operation...." State v. Johnson, 269 Ga. 370, 371 (1), 499 S.E.2d 56 (1998).
discussed Cited "see" Dawkins v. State (2×)
Ga. Ct. App. · 2006 · signal: see · confidence high
See State v. Johnson, 269 Ga. 370 ( 499 SE2d 56 ) (1998).
discussed Cited "see, e.g." REEVES v. the STATE. (2×)
Ga. Ct. App. · 2018 · signal: compare · confidence low
Compare with State v. Johnson , 269 Ga. 370 , 372 (2), 499 S.E.2d 56 (1998) (holding that "venue for the prosecution of OCGA § 16-10-20 for the use of a false document is proper in the county in which the document was submitted for use, even if the person charged with using the false document made the document in another county") (emphasis supplied). 8 OCGA § 17-2-2 (a). 9 OCGA § 17-2-2 (h). 10 See Mize v. State , 187 Ga. App. 418 , 419-420 (2), 370 S.E.2d 525 (1988) (holding that under OCGA § 17-2-2 (h), a threat communicated from an unknown county to a recipient in DeKalb County could no…
discussed Cited "see, e.g." Knowles v. the State (2×)
Ga. Ct. App. · 2017 · signal: compare · confidence medium
Compare State v. Johnson, 269 Ga. 370, 372 (2) ( 499 SE2d 56 ) (1998) (holding that “venue *348 for the prosecution of OCGA § 16-10-20 for the use of a false document is proper in the county in which the document was submitted for use, even if the person charged with using the false document made the document in another county”) (emphasis supplied). 17 339 Ga. App. at 794-798 (2). 18 (Citations and punctuation omitted.) Smith v. State, 298 Ga. 406, 412 (3) (a) ( 782 SE2d 269 ) (2016), quoting Strickland v. Washington, 466 U. S. 668, 687, 694 ( 104 SCt 2052 , 80 LE2d 674) (1984). 19 (Punct…
Retrieving the full opinion text from the archive…
The State
v.
Johnson
S97G1681.
Supreme Court of Georgia.
Apr 13, 1998.
499 S.E.2d 56
Thurbert E. Baker, Attorney General, Michael E. Hobbs, Counsel to Attorney General, Stacey K. Hydrick, Assistant Attorney General, for appellant., J. Converse Bright, for appellee.
Hunstein.
Cited by 29 opinions  |  Published
Hunstein, Justice.

We granted certiorari in this case to consider the construction the Court of Appeals gave to OCGA § 16-10-20 in State v. Johnson, 226 Ga. App. 836 (487 SE2d 677) (1997). For the following reasons we reverse that court.

Carolene Johnson was indicted in Fulton County and charged, in 44 counts, with the offense of false statement in a matter within the jurisdiction of a department of the State. OCGA § 16-10-20. That statute sets forth three ways to commit the crime of false statement: (1) when a person knowingly and wilfully falsifies a material fact; (2) when a person makes a false, fictitious, or fraudulent statement or representation; or (3) when a person “makes or uses any false writing or document, knowing the same to contain any false, fictitious, or fraudulent statement or entry.” Id. This appeal involves the third way of violating OCGA § 16-10-20.

[*371] It was alleged that Johnson, while operating a school in Lanier County that provided education and intervention programs for people convicted of driving under the influence, falsified the certificates of completion and the class rosters for 22 persons so as to indicate they attended and completed required programs when they had not done so. However, Johnson was not indicted for making the false documents; rather, the 44 counts of the indictment specifically charged Johnson with “knowingly and willfully usling] a false document, knowing the same to contain a false statement, by causing the document to be submitted” either to the Department of Public Safety (as to the 22 counts regarding the certificates of completion [1] ) or to the Department of Human Resources (as to the 22 counts regarding the class rosters [2] ).

1. We agree with the State that the Court of Appeals erred when it held that a charge of “using” a false document under OCGA § 16-10-20 applies only to a person who uses a false document that was prepared by another. State v. Johnson, supra at 837. While the Court of Appeals correctly noted that the person who makes a false document containing the false statement has already violated the statute, id., nothing in the plain language of OCGA § 16-10-20 restricts the State to prosecuting the maker solely for the falsification itself, when the maker also violates the statute by using the falsified document. [3]

[Statutes should be read according to the natural and most obvious import of the language, without resorting to subtle and forced constructions, for the purpose of either limiting or extending their operation, [cit.], and this principle is particularly compelling when interpreting criminal statutes. [Cit.]

State v. Luster, 204 Ga. App. 156, 158 (1) (a) (ii) (419 SE2d 32) (1992). Even construing OCGA § 16-10-20 strictly against the State, see generally Jowers v. State, 225 Ga. App. 809 (2) (484 SE2d 803) (1997), the language therein unambiguously prohibits an individual from making or using any false writing or document, without regard to the identity of the individual who initially made or subsequently used[*372] the false document. Because there is no limitation placed on the prohibited conduct of “making or using” false documents in OCGA § 16-10-20, the statutory language does not support the Court of Appeals’ holding that prosecution for use of a false document is limited to those situations in which an accused uses false documents prepared by another. State v. Johnson, supra at 837. Where statutory language is plain and unequivocal and leads to no absurd or impracticable consequence, the court has no authority to place a different construction upon it. See generally Holden v. State, 187 Ga. App. 597 (2) (370 SE2d 847) (1988). It thus follows that under OCGA § 16-10-20, all individuals who use a false writing or document, knowing it to contain any false, fictitious or fraudulent statement or entry, in any matter within the jurisdiction of the State or its political subdivisions, may be charged with violating the statute.

2. We hold that venue for the prosecution of OCGA § 16-10-20 for the use of a false document is proper in the county in which the document was submitted for use, even if the person charged with using the false document made the document in another county. As was noted in State v. Barber, 193 Ga. App. 397, 398 (388 SE2d 350) (1989) , “(studying) the key verbs which define the criminal offense in the statute is helpful in determining venue in doubtful cases.” (Citations and punctuation omitted.) In OCGA § 16-10-20, the key distinction is whether an indictee has been charged with “making” or with “using” the document. Where the criminal act involves the making of a false document, the essence of the crime is the act of falsification itself, which is an act separate and distinct from submitting, sending or using the falsified document. Hence, in State v. Barber, supra, venue for the falsification of medical assistance documents under OCGA § 49-4-146.1 (b) (2) was properly found to be in the county where the falsification occurred. See also Spray v. State, 223 Ga. App. 154 (2) (476 SE2d 878) (1996) (venue for charge of making a false writing properly in county where false document was made; “[s]ending the [falsified] form to [another county] did not make appellant’s false attestations any more false'-or add in any way to the offense as described in the statute.” Id. at 157 (2).). Where the criminal act involves the use of a false document, the essence of the crime is the act of submitting, presenting or otherwise employing the false document in any matter within the jurisdiction of the State or political subdivision, an act which is separate and distinct from the act of falsification. Accord State v. Barber, 260 Ga. 269 (394 SE2d 353) (1990) , where, in contrast to venue for the falsification of medical assistance benefits under OCGA § 49-4-146.1 (b) (2), it was recognized that venue for the obtaining of medical assistance benefits under (b) (1) of that statute would be “the county where a false report was submitted and processed in an attempt to obtain medical assistance.” Id., Weltner, J., concurring.

[*373] Decided April 13, 1998. Thurbert E. Baker, Attorney General, Michael E. Hobbs, Counsel to Attorney General, Stacey K. Hydrick, Assistant Attorney General, for appellant. J. Converse Bright, for appellee.

3. Contrary to the Court of Appeals’ holding, the State here could not be deemed to be “manufacturing” venue in an improper county when it indicted Johnson on a charge of false statement by means of the use of a false writing or document since the State charged Johnson in the very county where the certificates and class rosters were required by statute to be used. Finally, in light of the provisions of OCGA §§ 16-2-20 (party to a crime) and 16-2-21 (prosecution of party who did not directly commit the crime), we find no merit in Johnson’s argument that dismissal of the indictment as to the 22 counts involving her alleged use of the false certificates should be upheld on the basis that she herself did not submit the certificates but only provided them to the truant individuals who then physically submitted them to the DPS. “Any party to a crime who did not directly commit the crime may be indicted, tried, convicted, and punished for commission of the crime upon proof that the crime was committed and that he was a party thereto.” Id. It is not necessary that the State allege §§ 16-2-20 and 16-2-21 in the indictment. State v. Military Circle Pet Center, 257 Ga. 388 (360 SE2d 248) (1987); see also Jenkins v. State, 172 Ga. App. 715 (4) (324 SE2d 491) (1984).

Accordingly, we reverse the Court of Appeals’ affirmance of the trial court’s grant of Johnson’s plea to the jurisdiction and dismissal of the indictment.

Judgment reversed.

All the Justices concur.
1

The certificates of completion must be submitted to DPS in order for individuals convicted of DUI to obtain reinstatement of their driver’s licenses. OCGA § 40-5-63 (a) (1).

2

Class rosters are among the documents which schools providing DUI education/intervention programs are required to submit to DHR. See OCGA § 40-5-83 (e); Rules and Regulations of the State of Georgia, Vol. V, Rules of Department of Human Resources, Rule 290-4-10-.14 (4) (a).

3

We are not here faced with, and intimate no opinion on, whether an individual can be convicted under OCGA § 16-10-20 for both making and using the same false document. In this case, Johnson is charged only with using the false documents she made.