# Brown v. State

> Court of Appeals of Georgia · October 4, 1994 · 214 Ga. App. 733

URL: https://www.frixlaw.com/law-library/cases/9581930

## Case

- **Full name:** Brown v. the State
- **Court:** Court of Appeals of Georgia
- **Decided:** October 4, 1994
- **Citations:** 214 Ga. App. 733; 94 Fulton County D. Rep. 3295; 449 S.E.2d 136; 1994 Ga. App. LEXIS 1033
- **Precedential status:** Published
- **Opinion:** Concurrence by Pope
- **Judges:** McMurray, Smith, Pope
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9581930

## Opinion text

Pope, Chief Judge,
concurring specially,
I fully concur with the majority opinion. With respect to the restitution issues discussed in Division 5,1 write separately only to point out that while the amount of the victim’s damages was clearly established at trial, “[i]t is not sufficient for the trial judge to consider only the amount of the victim’s damages. [Cit.] Pursuant to OCGA § 17-14-10, the court must also consider other factors, including ‘(1) The present financial condition of the offender and his dependents; (and) 1(2) The probable future earning capacity of the offender and his dependents. . . .’” Slater v. State, 209 Ga. App. 723, 725 (4) ( 434 SE2d 547 ) (1993). In the absence of the required hearing, the trial court was [unable to consider these other factors. Thus, this case must be re-pnanded as held by the majority.
*738 Decided October 4, 1994.
John P. Howell, for appellant.
Alan A. Cook, District Attorney, Jeff B. Blandford, Anne M. Templeton, Assistant District Attorneys, for appellee.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9581930. Public record. Not legal advice.