Background

• Reidling was convicted of two counts of burglary for alleged offenses on May 28 and May 29, 2008 involving a generator building on the victim's 33-acre property.
• The property included six chicken houses, a generator shed, and a mobile home; the generator shed contained damaged wiring and missing equipment after the alleged entries.
• Witnesses testified that Reidling was seen near the generator shed on May 28 and later exiting the generator building with a drill and pliers on May 29.
• One witness identified Reidling at trial as the man seen leaving the generator shed; another witness observed a green Kia and Reidling on the property and heard his remarks about renting the property.
• Reidling admitted being on the property but claimed he was there to speak with potential renters; the owner's son testified he did not know Reidling and did not authorize his presence.
• The trial court denied a requested lesser-included offense instruction on criminal trespass, and the jury ultimately found Reidling guilty of burglary.

Issues

Key Cases Cited

• Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficiency standard for conviction)
• Clark v. State, 289 Ga. App. 612 (Ga. Ct. App. 2008) (burglary completed upon entry; no requirement of taking)
• Price v. State, 303 Ga. App. 589 (Ga. Ct. App. 2010) (reasonableness of defense explanations for being inside property)
• Young v. State, 280 Ga. 65 (Ga. Sup. Ct. 2006) (oral vs. written request for lesser included offense instruction)
• Shinholster v. State, 262 Ga. App. 802 (Ga. Ct. App. 2003) (requirement for instructions based on evidence presented)
• Moore v. State, 280 Ga. App. 894 (Ga. Ct. App. 2006) (no trespass instruction where damages evidence absent)
• Snipes v. State, 257 Ga. App. 713 (Ga. Ct. App. 2002) (no trespass instruction when damages not established)