Pippin v. State, 305 S.E.2d 408 (Ga. Ct. App. 1983). · Go Syfert
Pippin v. State, 305 S.E.2d 408 (Ga. Ct. App. 1983). Cases Citing This Book View Copy Cite
18 citation events (16 in the last 25 years) across 1 distinct court.
Strongest positive: Baker v. State (gactapp, 2011-08-26)
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) Baker v. State
Ga. Ct. App. · 2011 · confidence medium
Smith, P. J., and Dillard, J., concur. 1 (Citation and punctuation omitted.) Mays v. State, 306 Ga. App. 507 ( 703 SE2d 21 ) (2010). 2 OCGA § 16-8-2. 3 See Lewis v. State, 287 Ga. App. 379, 381 ( 651 SE2d 494 ) (2007) (whether defendant made expenditures with victim’s consent was question for jury). 4 OCGA § 16-8-12 (a) (1). 5 (Punctuation and footnote omitted.) Partin v. State, 302 Ga. App. 589, 590 ( 692 SE2d 32 ) (2010). 6 (Punctuation and footnote omitted.) Id. 7 Williams v. State, 246 Ga. App. 347, 352 (2) ( 540 SE2d 305 ) (2000). 8 (Citations omitted.) Pippin v. State, 166 Ga. App. 6…
discussed Cited as authority (rule) Barron v. State
Ga. Ct. App. · 2008 · confidence medium
See Ragsdale v. State, 170 Ga. App. 448, 450 ( 317 SE2d 288 ) (1984) (probative evidence reflecting ten years of experience in the particular field to which the value evidence related); Pippin v. State, 166 Ga. App. 658, 659 ( 305 SE2d 408 ) (1983) (no error in felony sentencing where witness established reasons for his conclusion as to value); Morris v. State, 164 Ga. App. 42, 45 ( 296 SE2d 247 ) (1982) (trial court did not err in permitting the owner of the stolen construction materials to testify as to their value based on his experience in buying building material and shopping for the item…
discussed Cited as authority (rule) Lanier v. State
Ga. Ct. App. · 2004 · confidence medium
Craig, Assistant District Attorney, for appellee. 1 OCGA § 16-8-14. 2 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 Hunt v. State, 261 Ga. App. 417 (1) ( 582 SE2d 493 ) (2003). 4 Gerdine v. State, 136 Ga. App. 561, 562 (1) ( 222 SE2d 128 ) (1975). 5 Earley v. State, 155 Ga. App. 576, 577 (1) ( 271 SE2d 709 ) (1980). 6 Dillard v. State, 147 Ga. App. 587, 588 (2) ( 249 SE2d 640 ) (1978). 7 Bell v. State, 262 Ga. App. 788 -789 ( 586 SE2d 455 ) (2003). 8 Pippin v. State, 166 Ga. App. 658, 659 ( 305 SE2d 408 ) (1983). 9 Roaderick v. State, 257 Ga. App. 73 ( 570 SE2d 382 ) …
discussed Cited "see" The State v. Crowder (2×)
Ga. Ct. App. · 2016 · signal: see · confidence high
See OCGA §§ 48-1-5, 16-8-12 (a) (1) (unlawful conversion of funds collected for benefit of State; felony treatment based on value); OCGA §§ 16-8-2, 16-8-12 (a) (1) (theft by taking; felony treatment based on value); OCGA § 16-10-71 (false swearing is punishable as a felony); see generally Pippin v. State, 166 Ga. App. 658, 659 ( 305 SE2d 408 ) (1983) (in determining value for felony versus misdemeanor treatment of theft, court applies the statutory dollar amount in effect at the time the crime was committed).
discussed Cited "see, e.g." Robert Mendez v. State (2×)
Ga. Ct. App. · 2014 · signal: see also · confidence medium
See also Pippin v. State, 166 Ga. App. 658, 659 ( 305 SE2d 408 ) (1983) (employee’s testimony as to the value of stolen equipment was sufficient because employee had knowledge, experience, and familiarity with the value of the property in question).
discussed Cited "see, e.g." Mendez v. State (2×)
Ga. Ct. App. · 2014 · signal: see also · confidence medium
See also Pippin v. State, 166 Ga. App. 658, 659 ( 305 SE2d 408 ) (1983) (employee’s testimony as to the value of stolen equipment was sufficient because employee had knowledge, experience, and familiarity with the value of the property in question).
discussed Cited "see, e.g." Partin v. State (2×)
Ga. Ct. App. · 2010 · signal: see also · confidence medium
See also DeLong v. State, 270 Ga. App. 173, 175 (2) ( 606 SE2d 107 ) (2004) (evidence of purchase price, standing alone, held insufficient to establish fair market value of property taken). 6 (Citations and punctuation omitted.) Yarber v. State, 144 Ga. App. 781 ( 242 SE2d 372 ) (1978). 7 Williams v. State, 246 Ga. App. 347, 352 (2) ( 540 SE2d 305 ) (2000). 8 (Citations omitted.) Pippin v. State, 166 Ga. App. 658, 659 ( 305 SE2d 408 ) (1983) (witness’s testimony that average dump truck tire cost about $175 each and that his company lost “several thousand dollars” as a result of the theft…
discussed Cited "see, e.g." Perdue v. State (2×)
Ga. Ct. App. · 2009 · signal: see also · confidence medium
See also DeLong v. State, 270 Ga. App. 173, 175 (2) (606 SE2d Í07) (2004) (evidence of purchase price, standing alone, held insufficient to establish fair market value of property taken). 7 (Citations and punctuation omitted.) Yarber v. State, 144 Ga. App. 781 ( 242 SE2d 372 ) (1978). 8 (Citation and punctuation omitted.) Campbell, supra. 9 See, e.g., Pippin v. State, 166 Ga. App. 658, 659 ( 305 SE2d 408 ) (1983) (witness’s testimony that average dump truck tire costs about $175 and that his company lost “several thousand dollars” as a result of the theft of 24 tires, coupled with his e…
Retrieving the full opinion text from the archive…
Pippin
v.
the State
66143.
Court of Appeals of Georgia.
May 17, 1983.
305 S.E.2d 408
William G. Posey, for appellant., Thomas J. Charron, District Attorney, Thomas A. Cole, Assistant District Attorney, for appellee.
McMurray, Shulman, Birdsong.
Cited by 9 opinions  |  Published
McMurray, Presiding Judge.

Defendant was convicted of the offense of theft by taking of certain motor vehicle tires having a value in excess of $200 with the intention of depriving the owner of said property. The defendant appeals enumerating error solely that in sentencing the defendant for[*659] a felony and denying defendant’s motion for new trial, as to the sentencing in the case, the trial court committed error. Held:

Decided May 17, 1983. William G. Posey, for appellant. Thomas J. Charron, District Attorney, Thomas A. Cole, [*660] Assistant District Attorney, for appellee.

[*659] The defendant contends that under OCGA § 16-8-12 (formerly Code Ann. § 26-1812 (Ga. L. 1968, pp. 1249,1295; 1972, pp. 841, 842; 1978, pp. 1457, 1458; 1981, pp. 1552,1553; 1981, p. 1576)) a theft of property in excess of $200 in value must be proven and if no value is proven, or less than this amount, the sentence must be for a misdemeanor, citing Jones v. State, 147 Ga. App. 779, 780 (2) (250 SE2d 500), and Mack v. Ricketts, 236 Ga. 86 (222 SE2d 337). It is noted that prior to the effective date (November 1, 1982) OCGA § 16-8-12 (Code Ann. § 26-1812), the value of the property taken, to constitute a felony, was in excess of $200. Presently, the value must be in excess of $500, however, the offense committed and conviction therefor was prior to the above effective date and the latter figure has no application here. To prove the value of the tires allegedly stolen the state offered the testimony of an employee of the corporate owner of the tires in evidence. This employee was in charge of all the transportation of all his employer’s trailers in and out of Atlanta. Defendant contends this witness’ testimony was insufficient to prove the value to be over $200. However, this witness testified in his opinion that the loss of 24 tires would be a loss to his company of several thousand dollars. He also testified that he had purchased, repaired and maintained truck tires on different vehicles for “ [a]bout 50 years.” Clearly, the witness established his opportunity for forming his opinion that the tires allegedly stolen were worth more than $200. See Maddox v. State, 157 Ga. App. 696, 697 (278 SE2d 480). The mere fact that the witness testified that the cost of the average dump truck tire is “about one hundred seventy five dollars apiece” and that the loss to his company was “[s]everal thousand dollars” does not fall afoul of the rule that purchase price alone (cost) is not sufficient criterion of value. Here the witness did establish the reasons for his conclusions as to value, or at least the loss of the 24 tires which were stolen. The witness clearly established that he had knowledge, experience and familiarity with the value of the property or similar property, and thus established his reasons for the value, having an opportunity for forming such an opinion. See Sisk v. Carney, 121 Ga. App. 560, 563 (174 SE2d 456); Maddox v. State, 157 Ga. App. 696, 697, supra.

Judgment affirmed.

Shulman, C. J., and Birdsong, J., concur.