Gordon v. State

Beasley, Judge.

Appellant and two others were charged with conspiracy to defraud the state (OCGA § 16-10-21 (a)) and two counts of theft by *392taking (OCGA § 16-8-2) in what has since become known as the “Capitol photography scandal.” Appellant brings this appeal from his conviction of all three counts.

1. Appellant first maintains that the evidence presented against him at trial was not sufficient to support his thefts, but the record belies this contention. His primary position is that he was actually tried for theft by deception, and that requisite elements of that crime were absent.

Defendant…