Lawnmower thief gets 10 years — again

Published 4:55 pm Tuesday, March 2, 2010

Franklin Lloyd Harris took his case all the way to the Georgia Supreme Court — and got the outcome he asked for — but that won’t change the fact he’s spending 10 years in prison.

Harris was sentenced to 10 years for felony motor vehicle theft after he was arrested in 2006 and charged with stealing a riding lawnmower from the Home Depot in Dalton. An appeal to the state Supreme Court, in which he contended a lawnmower is not a motor vehicle, resulted in his sentence being overturned. He’s served 46 months so far.

Back in court for a re-sentencing on Tuesday in Whitfield County, Harris had to ask his attorney to clarify the situation when Superior Court Judge Robert Adams again handed down a sentence of 10 years for theft by taking property worth more than $500.

“Nothing’s changed?” Harris asked.

“Nothing’s changed,” responded public defender Mike McCarthy.

Asked about the matter later, McCarthy said he thought the decision was harsh. Another defendant charged in the case faced only 60 days in jail, he said.

“It was the same lawnmower in both cases,” McCarthy said. “I didn’t agree with that reasoning.”

Harris was sentenced as a repeat offender, making his sentence lengthier. He was previously sentenced to two years in prison for theft by receiving stolen property, a felony conviction. He also pleaded no contest to perjury and received a one-year sentence. He received three years probation for a felony obstruction violation and was given another two-year sentence for being a felony habitual violator and driving under the influence.

Adams rejected McCarthy’s request that Harris be allowed to serve the remainder of his original 10-year sentence on probation and be banished from the Conasauga judicial district. He has family in Tennessee and could easily stay out of Whitfield and Murray counties, McCarthy had said.

McCarthy said he will likely not file an appeal, but he’s glad he pressed the case before the Supreme Court, even though it didn’t change Harris’ sentence. It’s already affected the outcome of a couple of other cases, as prosecutors have had to dismiss the motor vehicle theft charge in similar situations, he said.

Prosecutor Scott Helton declined comment on the sentencing, except to say he did get the decision he requested.