Burden v. State
| Decision Date | 17 March 1997 |
| Docket Number | No. A97A0402,A97A0402 |
| Citation | 485 S.E.2d 228,226 Ga.App. 103 |
| Parties | , 97 FCDR 1597 BURDEN v. The STATE. |
| Court | Georgia Court of Appeals |
Kenneth D. Teal, LaGrange, for appellant.
Romona Burden, pro se.
Peter J. Skandalakis, District Attorney, Lynda S. Engel, Asst. Dist. Atty., for appellee.
Defendant Romona Burden was charged in an accusation with theft by shoplifting and contributing to the deprivation of a minor. The evidence adduced at her jury trial revealed that on August 15, 1994, Melinda Davis was employed as the Loss Control Manager at the K-Mart on Commerce Avenue in LaGrange, Georgia. Connie Harris was the Layaway Manager. Davis was watching Around 4:00 p.m., Davis spotted defendant in the store, with "a lot of clothing in her buggy and she had a purse and a little boy with her." As defendant walked into the dressing room with several items, Davis "saw the purse still had the tags on it." Davis positioned herself behind the dressing room "and [she] heard the paper coming out of the pocketbook and the hangers hitting the floor...." That paper is the "stuffing that goes into a pocketbook." When defendant came back out of the dressing room, "she ha[d] the purse on her shoulder and then she put[ ] it in the buggy and she [did not] bring--she [brought] maybe one or two items back out with her[, ... i.e., fewer] items than what she went in with." Davis sent Harris "into the dressing room," while Davis herself
Davis approached defendant, identifying herself and displaying her loss control badge. When defendant "turned around and saw [Davis] and heard what [Davis] was saying, she got in the car [which sped off leaving her] little boy standing right there on the sidewalk." As Davis was approaching the car, "it sped off, [while defendant] was pulling stuff out that she had, like, rolled up under her pants." Davis saw defendant throwing clothing items and the purse "in the floorboard...." Finally, after the car backed up, defendant "got out after she'd realized that [K-Mart associates had] taken her little boy inside." As an assistant took defendant inside, Davis Davis "put a lookout on the vehicle, on the tag number."
Davis identified State's Exhibit 1 as a When Davis found this tag, she "went over to this department where the purses are and got one off the shelf like the same one that she [defendant] had, and it's the same thing[, ... i.e., it matched]." A videotape showed defendant entering the dressing room carrying "the small purse [with which she entered the store] coming in and the big purse going out." Davis confirmed that this particular K-Mart store did not "have any kind of warning system at the door that if somebody leaves it will beep."
Connie Harris testified that, after defendant exited, she and a sales associate went ...
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