Gregory Jacksonv.The State
Gregory Jackson was convicted of multiple counts of theft by conversion based on his work at a nonprofit food bank. The jury form found him guilty as a fiduciary but not guilty of theft by conversion in any amount on Counts 1, 2, 4, 6, and 7. The trial court nevertheless entered convictions and imposed a lengthy sentence with restitution. The Court of Appeals reversed those five convictions. It held that the verdict was legally ambiguous and had to be construed in Jackson’s favor. A finding that Jackson acted as a fiduciary did not itself establish criminal theft, and the jury’s express finding that he was not guilty of theft by conversion could not be reconciled with the convictions entered on those counts. The court left Count 3 undisturbed because Jackson did not appeal it and did not reach his remaining enumeration of error. The decision applies the requirement that an uncertain criminal verdict be read in the defendant’s favor and distinguishes status as a fiduciary from proof of the charged offense.
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