Slaughter v. State, 327 Ga. App. 593

Slaughter and the victim began an online romantic relationship; Slaughter moved into the victim’s residence in Feb. 2010 but his behavior deteriorated after he stopped taking medication.
The victim ended the relationship in July 2010 and told Slaughter he could stay temporarily if he was civil.
On July 16, 2010, the victim obtained a temporary protective order directing Slaughter to stay away from her, her residence, and workplace; Slaughter was personally served that afternoon and escorted off the property.
After being served, Slaughter returned to the house twice: once July 14 (damage discovered afterward) and again the evening of July 16 when he came to the front door while the victim stood nearby with police present; extensive property damage exceeding $15,000 was shown.
A jury convicted Slaughter of aggravated stalking, burglary, and second-degree criminal damage to property; the trial court denied a requested lesser-included instruction for violating a temporary protective order and denied a new trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for aggravated stalking	Evidence shows Slaughter violated the protective order and engaged in harassing, intimidating conduct toward the victim	Slaughter denied service of the order and intent to harass or intimidate	Affirmed: evidence (prior harassment, return after service, victim’s fear) sufficient for aggravated stalking
Sufficiency of evidence for burglary	Entry after authority withdrawn (protective order) with intent to commit aggravated stalking	Slaughter argued lack of authority and lack of criminal intent	Affirmed: protective order withdrew any authority to enter; intent inferred from conduct
Sufficiency of evidence for 2nd-degree criminal damage to property	Damage exceeded $500 and occurred while Slaughter had access; circumstantial evidence ties him to the damage	Slaughter denied responsibility; evidence circumstantial	Affirmed: circumstantial evidence adequate to exclude reasonable hypotheses of innocence
Refusal to charge violation of temporary protective order as lesser included offense	Requested instruction on OCGA § 16-5-95(b) (nonviolent violation)	Slaughter argued jury could convict of nonviolent violation instead of aggravated stalking	Affirmed: no reasonable evidence showed a knowing but nonviolent violation; evidence pointed either to aggravated stalking or no offense, so lesser charge not warranted

Reese v. State, 270 Ga. App. 522 (standard for viewing evidence on appeal)
Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of evidence review)
Placanica v. State, 303 Ga. App. 302 (stalking/aggravated stalking need not involve explicit threats)
Brooks v. State, 313 Ga. App. 789 (single violation can support aggravated stalking when part of a pattern)
Louisyr v. State, 307 Ga. App. 724 (factors for establishing pattern of harassing and intimidating behavior)
Pittman v. State, 230 Ga. App. 799 (former resident’s prior occupancy does not confer continuing authority after withdrawal)
Bray v. State, 294 Ga. App. 562 (entry in violation of conditions can support both burglary and aggravated stalking)
Robbins v. State, 269 Ga. 500 (circumstantial evidence can sustain conviction if it excludes reasonable hypotheses of innocence)
Adams v. State, 300 Ga. App. 294 (access to property during the time of damage supports criminal damage conviction)
Revere v. State, 277 Ga. App. 393 (trial court may refuse inapt or unsupported jury charges)
Anderson v. State, 319 Ga. App. 701 (abuse-of-discretion standard for refusal to give requested jury charge)