Newton v. State, 319 Ga. App. 494

Newton was convicted by jury of burglary in the first degree, theft by taking, and first degree forgery; sentences: 20 years, 10 years concurrent, and 10 years consecutive.
Trial court ordered nine years confinement with twenty-one years probation thereafter; appeal challenged burglary sufficiency only.
Evidence showed a man presenting as David Flynn signed a buyer’s agreement and used a New Jersey license in that name; Harris identified Newton as Flynn.
Murphy’s house was toured; jewelry boxes contained missing items later valued at about $20,000; only family had access to storage area after tour.
Investigators linked Flynn license to Newton; a separate theft in Sandy Springs involved a necklace; arrest warrant issued for Newton.
Trial court denied new trial motions; the issue focused on whether Newton entered Murphy’s house without authority.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Burglary element without authority	State	Newton	Burglary conviction reversed; no proof of entry without authority.
Authority to enter for burglary purposes	State	Newton	Entry without authority not proven; use of fictitious name did not confer authorization.

Abney v. State, 240 Ga. App. 280 (2009) (defines 'without authority' as lacking permission from one legally entitled to grant it)
Gosdin v. State, 176 Ga. App. 381 (1985) (lockbox entry evidence discussed; not controlling for required lack of authority here)
Bell v. State, 287 Ga. 670 (2010) (where initial entry is authorized, need authority to enter specific areas; relates to authority issue)
Thompson v. State, 271 Ga. 105 (1999) (unlawful entry element cannot be established solely by intent to commit a theft)
Hambrick v. State, 174 Ga. App. 444 (1985) (authority to remain and subsequent acts can create jury question)