Anthony v. State
317 Ga. App. 807
| Ga. Ct. App. | 2012Background
- Anthony was convicted of criminal attempt to commit burglary in Coweta County; incident occurred Jan 22, 2010.
- Neighbor witnessed Anthony emerge from between two houses, attempt to open front door and lift a window, then flee and be tackled.
- Police interview after arrest noted Anthony smelled of alcohol; he claimed he sought housing for his family and denied wrongdoing.
- Victim testified he had recently purchased the house, was moving in, and denied giving permission to enter; no current for-sale or for-rent sign was confirmed.
- Defense proffered testimony from Anthony’s mother and stepfather that the family was eviction-threatened and seeking a new home; mother later conceded a closing on a new house the day of the incident.
- Trial court denied a motion for new trial; Anthony argued sufficiency of evidence, evidentiary rulings, failure to instruct on a lesser offense, and ineffective assistance; the court affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to prove intent and attempt | Anthony argues circumstantial evidence does not show intent to steal | State asserts evidence showed intent and substantial step | Evidence sufficient to support conviction |
| Admission of mental infirmity testimony | Mother’s testimony would show lack of criminal intent due to mental infirmity | Anthony did not raise insanity defense; evidence irrelevant | No abuse of discretion in excluding testimony |
| Failure to charge lesser included offense (criminal trespass) | Anthony entitled to lesser offense instruction | No plain error; evidence supports either burglary attempt or no offense | No plain error in not giving trespass charge |
| Ineffective assistance of counsel for not requesting trespass instruction | Counsel ineffective for not obtaining lesser charge | No deficient performance due to lack of plain error on trespass issue | No ineffective assistance; trial court did not err |
Key Cases Cited
- Hayes v. State, 276 Ga. App. 268 (Ga. App. 2005) (sufficiency review; credibility and circumstantial evidence standard)
- Murray v. State, 187 Ga. App. 747 (Ga. App. 1988) (circumstantial evidence may prove intent to commit burglary)
- Rudnitskas v. State, 291 Ga. App. 685 (Ga. App. 2008) (evidence of defendant’s efforts supports attempt conviction)
- Clarke v. State, 317 Ga. App. 471 (Ga. App. 2012) (credibility and conflicts in evidence for jury to resolve)
- Biggins v. State, 299 Ga. App. 554 (Ga. App. 2009) (circumstantial proof and verdict guidance)
- Reidling v. State, 309 Ga. App. 719 (Ga. App. 2011) (standard for lesser included offense requests in burglary context)
- White v. State, 291 Ga. 7 (Ga. 2012) (plain error review for failure to charge lesser offenses)