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B. The Directors shall be elected by the Voting Members during fourth quarter. Voting of board members shall commence at annual meeting and board shall be installed at 1st quarter meeting. Each Director shall hold office for the term for which he is elected and until his successor shall have been elected and qualified. Directors shall serve a term of three years with said terms beginning on January 1 of the year following their election and ending on December 31 at the end of the three years. A Director may serve no more than two full consecutive three year terms and then must be off of the Board for at least one year before being eligible for election to the Board again. If a Director is appointed to an unexpired term that has at least two years remaining in the term, the unexpired term will be considered the first term of the two term limitation of service as set forth herein. If a Director is appointed to an unexpired term that has less than two years remaining in the term, the completion of said unexpired term shall not count as one of the two consecutive terms that a Director may serve.
- Evidence was sufficient to convict the defendant of concealing a material fact from the police department as the defendant engaged in conduct that could result in harm to the investigation of the murder of the defendant's husband because the defendant had a duty to answer truthfully and disclose relevant information when the defendant voluntarily responded to questions about the man who killed the defendant's husband; and the defendant responded to the officers' questions by giving the officers false and misleading information about the defendant's relationship with the man deliberately designed to deceive the officers and impede the investigation by creating the false impression that the man had no motive to murder the defendant's husband. Sneiderman v. State, 336 Ga. App. 153, 784 S.E.2d 18 (2016), overruled on other grounds by Quiller v. State, 338 Ga. App. 206, 789 S.E.2d 391 (2016).
- Despite defendant's argument that defendant's acquittals for aggravated assault and firearm possession and defendant's conviction for giving a false statement were mutually exclusive, they involved completely different issues of, on the one hand, whether defendant shot the victim while defendant and the victim's mother struggled over the gun and, on the other hand, whether defendant told the officer that the victim's mother shot the victim before shooting defendant; thus, the evidence was sufficient to support the conviction for making a false statement to the police. Williams v. State, 261 Ga. App. 410, 582 S.E.2d 556 (2003).
In a case in which defendant appealed the three-year sentence imposed following the revocation of defendant's supervised release, defendant argued unsuccessfully that the district court impermissibly based the sentence on speculation and unproven conduct. The district court did not sentence defendant for any unproved role in an apartment-complex shooting, the court considered the circumstances surrounding defendant's lies to the police during a murder investigation; in light of defendant's statements to the defendant's parole officer and the evidence linking defendant to the scene of the crime, the district court did not err by concluding that defendant's misconduct was more serious than a simple false statement. United States v. Rieara, F.3d (11th Cir. June 4, 2010)(Unpublished).
Evidence was sufficient to convict the defendant of knowingly and wilfully making a false statement to police officers in a matter within the jurisdiction of the police department because the defendant's statement that the defendant never suspected that the man who killed the defendant's husband was involved in the murder prior to December 28, 2010, was within the jurisdiction of the police department. Sneiderman v. State, 336 Ga. App. 153, 784 S.E.2d 18 (2016), overruled on other grounds by Quiller v. State, 338 Ga. App. 206, 789 S.E.2d 391 (2016).
- Defendant's conduct, as charged, subjected the defendant to prosecution and sentencing under both O.C.G.A. 16-10-20 and16-10-26 as the defendant willfully and knowingly made a false statement to law-enforcement officers by falsely reporting a crime the defendant alleged to have occurred in the officers' jurisdiction. Because the two statutes provided different grades of punishment for the same criminal conduct, the defendant was entitled to the rule of lenity. Gordon v. State, 334 Ga. App. 633, 780 S.E.2d 376 (2015).
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