Sheehan v. State
314 Ga. App. 325
Ga. Ct. App.2012Background
- Final divorce decree prohibited Sheehan from being on ex-husband's property or contacting him; order required prior notice not to enter the premises.
- On Nov. 11, 2008, Sheehan entered her ex-husband's workplace, ignored a receptionist, and had a confrontational exchange with him before leaving.
- Criminal trespass requires entering premises after receiving prior notice that entry is forbidden, given by owner or rightful occupant or authorized representative.
- There was no evidence that ex-husband was the owner, rightful occupant, or authorized representative of the premises.
- The state failed to prove prior notice, so the conviction for criminal trespass could not stand and the judgment was reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was prior notice to not enter the premises established? | Sheehan | Sheehan had entry forbidden by divorce order; ex-husband not shown as owner/authorized rep. | Insufficient evidence of owner/authorized notice; reversed. |
| Was ex-husband an authorized representative or rightful occupant? | State | Ex-husband not owner/authorized occupant; not proven as authorized rep. | Not proven; cannot sustain trespass conviction. |
Key Cases Cited
- Rayburn v. State, 250 Ga. 657 (1983) (notice essential to criminal trespass beyond reasonable doubt)
- Osborne v. State, 290 Ga.App. 188 (2008) (notice by an authorized representative required; may negate conviction if absent)
- Scott v. State, 130 Ga.App. 75 (1973) (notice by owner/occupant authoritative for trespass charge)
- Jackson v. State, 242 Ga.App. 113 (2000) (no evidence officer acted as authorized representative; conviction reversed)
- Hope v. State, 193 Ga.App. 202 (1989) (police officer can be authorized representative of city for trespass)