¶1dissenting.
¶2I do find merit in Poole’s contention that, as applied to him, OCGA § 16-10-1, when read in conjunction with his oath of office, is unconstitutionally void for vagueness. Because I believe that the statute defines the criminal offense in a manner that encourages arbitrary and discriminatory enforcement, I respectfully dissent from the majority’s opinion in this case. Accord Kolender v. Lawson, 461 U. S. 352 (103 SC 1855, 75 LE2d 903) (1983); and State v. Burrell, 189 Ga. App. 812 (377 SE2d 898) (1989). While I agree with the majority that Poole’s conduct was unacceptable and constituted criminal behavior, Poole should have been prosecuted for theft by conversion in violation of OCGA § 16-8-4, as footnote 2 of the majority opinion suggests, rather than for violating his oath as a public officer.