Hiley v. State, A00A1289.
Decision Date | 14 September 2000 |
Docket Number | No. A00A1289.,A00A1289. |
Citation | 539 S.E.2d 530,245 Ga. App. 900 |
Parties | HILEY v. The STATE. |
Court | Georgia Court of Appeals |
OPINION TEXT STARTS HERE
Hagler, Hyles, Adams & Hix, Clark C. Adams, Jr., Columbus, for appellant.
J. Gray Conger, District Attorney, Margaret E. Bagley, Assistant District Attorney, for appellee. ELLINGTON, Judge.
A Muscogee County jury convicted Willie Darrell Hiley of burglary, OCGA § 16-7-1. Following the denial of his motion for new trial, Hiley appeals, asserting the general grounds and contending that the trial court erred in refusing to give his requested jury charge on the lesser included offense of criminal trespass, OCGA § 16-7-21(b)(1). We find that the law and the evidence required that the jury be instructed on criminal trespass and, therefore, reverse.
"[A] written request to charge a lesser included offense must always be given if there is any evidence that the defendant is guilty of the lesser included offense." State v. Alvarado, 260 Ga. 563, 564, 397 S.E.2d 550 (1990). Criminal trespass is a lesser included offense of burglary. Johnson v. State, 164 Ga.App. 429-430(1), 296 S.E.2d 775 (1982). To convict on a charge of burglary, the state must prove the defendant entered or remained within the premises of another without authority and "with the intent to commit a felony or theft therein." OCGA § 16-7-1(a). To convict on a charge of criminal trespass, the state must prove that the defendant "knowingly and without authority" entered upon the premises of another "for an unlawful purpose." OCGA § 16-7-21(b)(1).
We have held that the trial court must give a requested charge on criminal trespass as a lesser included offense of burglary where the testimony of the accused "if believed, would negate an element of the crime of burglary (entry with intent to commit a felony or theft)." Huffman v. State, 153 Ga.App. 203(2), 265 S.E.2d 603 (1980). Specifically, where the accused admits the unauthorized entry but denies the intent to commit a felony or theft, the trial court must give a requested charge on the lesser included offense of criminal trespass. Echols v. State, 222 Ga.App. 598, 599(2), 474 S.E.2d 766 (1996) ( ); Hambrick v. State, 190 Ga.App. 119-120(1), 378 S.E.2d 340 (1989) ( ); Huffman, 153 Ga.App. at 203, 265 S.E.2d 603 ( ). Cf. Johnson, 164 Ga.App. at 429-430(1), 296 S.E.2d 775 ( ).
In this case, Hiley presented evidence that he went into the premises, a vacant house near his residence, to help turn on the heat at the request of a homeless acquaintance who planned to sleep there. He denied any intent to commit a theft or other felony. Hiley submitted a written request to charge on the lesser included offense of criminal trespass. The trial court refused to give that charge, finding the evidence did not support a finding of an unlawful purpose. Hiley timely objected to the trial court's failure to give the charge.
Although the jury was authorized to infer from the evidence that Hiley entered the vacant house to commit theft,1 it also could have inferred from the evidence that...
To continue reading
Request your trial-
Adams v. State
...id. 44. Underwood v. State, 221 Ga.App. 93, 95-96(3), 470 S.E.2d 699 (1996) (citations and punctuation omitted); cf. Hiley v. State, 245 Ga.App. 900, 539 S.E.2d 530 (2000) (where accused admits unauthorized entry but denies intent to commit felony or theft, trial court must give requested c......
-
Sanders v. State
...for sufficiency of the evidence), citing Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). 5. Hiley v. State, 245 Ga.App. 900, 539 S.E.2d 530 (2000) criminal trespass under OCGA § 16-7-21(b)(1) is a lesser included offense of 6. Johnson v. State, 275 Ga.App. 21, 24(6)......
-
Redford v. the State.
...as a lesser-included offense of burglary. Waldrop v. State, 300 Ga.App. 281, 284–286(3), 684 S.E.2d 417 (2009); Hiley v. State, 245 Ga.App. 900, 901, 539 S.E.2d 530 (2000); see OCGA §§ 16–7–1(a) (“A person commits the offense of burglary when, without authority and with the intent to commit......
-
Waldrop v. State
...an element of the crime of burglary (entry with intent to commit a felony or theft). [Cit.]" (Punctuation omitted.) Hiley v. State, 245 Ga.App. 900, 539 S.E.2d 530 (2000). For instance: where the accused admits the unauthorized entry but denies the intent to commit a felony or theft, the tr......