See Mendez v. State , 327 Ga. App. 497, 498-499 (1), 759 S.E.2d 574 (2014) ; Gorham v. State , 287 Ga. App. 404, 405-406 (1), 651 S.E.2d 520 (2007) reversed on other grounds, McCart v. State , 289 Ga. App. 830, 833 (1), 658 S.E.2d 465 (2008). See also Reese v. State , 313 Ga. App. 746, 747-748 (1) (b), 722 S.E.2d 441 (2012), involving theft by receiving, which is also sentenced under OCGA § 16-8-12. But, no issue regarding sufficiency of the evidence for a felony theft conviction is presented here; Heatherly was convicted of a misdemeanor level theft.
Graham v. State , 251 Ga. App. 395, 397 (1) (c), 554 S.E.2d 528 (2001) (owner's testimony that she purchased keyboard three years prior for $950 and that she would have sold it used for $299 to $399 insufficient to show value of $500 to support felony conviction). Compare Reese v. State , 313 Ga. App. 746, 747-748 (1) (b), 722 S.E.2d 441 (2012) (owner's testimony that she or her husband purchased jewelry and that it had a value of more than $500 coupled with jury's awareness of the value of everyday objects sufficient evidence to support felony sentence for theft by receiving stolen property). While the State's evidence as to value is insufficient to support a felony theft by receiving conviction, it does support a misdemeanor theft by receiving charge.
Wooten , 348 Ga. App. at 413 (2), 823 S.E.2d 98. Compare with Reese v. State , 313 Ga. App. 746, 747 (1) (a), 722 S.E.2d 441 (2012) (explaining that the circumstances in which the defendant was found with the items was sufficient to support the jury's guilty verdict as to theft by receiving stolen property under OCGA § 16-8-7 ); Kimble v. State , 236 Ga. App. 391, 397 (5), 512 S.E.2d 306 (1999) (holding that the evidence was sufficient to support the conviction for violating OCGA § 16-8-8 because the defendant gave a statement that he knew his brother stole the vehicle in another state). Despite the State's argument to the contrary, the removal of the color in and of itself is insufficient to support an inference that the weapon was stolen.
We do not imply that Reeves was guilty of any crime in connection with the burglary counts on which the jury did not reach a verdict. See generally Reese v. State, 313 Ga.App. 746 –747(1)(a), 722 S.E.2d 441 (2012). 3.
1(b), 17–10–3(a)(1); Williams v. State, 296 Ga.App. 707, 708–709(2), 675 S.E.2d 596 (2009).Reese v. State, 313 Ga.App. 746, 750(3), 722 S.E.2d 441 (2012) (punctuation and footnotes omitted)..Id. (footnote omitted); see Taylor v. State, 282 Ga.App. 469, 472(3)(c), 638 S.E.2d 869 (2006) (holding that the defendant failed to establish prejudice because the record did not show that trial court's sentencing rationale was improper).
(Citation and punctuation omitted.) Floyd v. State, 207 Ga. App. 275, 282 (2) (a), 427 S.E.2d 605 (1993). See also Reese v. State, 313 Ga. App. 746, 722 S.E.2d 441 (2012). Accordingly, the evidence is sufficient with respect to this offense, and this argument is without merit.