Snow v. State
318 Ga. App. 131
Ga. Ct. App.2012Background
- Bench trial with stipulated facts; Snow convicted of criminal attempt to commit burglary.
- On Oct. 4, 2010, homeowner encountered Snow on her back deck, with a metal object concealed by his side, near a vehicle.
- Snow and a woman were observed leaving in a vehicle; the woman provided inconsistent explanations to officers.
- Officer observed fresh pry marks on the deck door; homeowner saw no removal of property.
- Neighbor saw Snow carrying a crowbar near the deck prior to arrest; the woman pleaded guilty to burglary before trial.
- Snow had two prior theft-by-taking convictions admitted as similar transactions; the court upheld guilt on the stipulated facts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence proves Snow intended theft | Snow contends insufficient intent evidence | Snow argues intent not proven beyond reasonable doubt | No error; evidence sufficient to prove intent to steal. |
| Whether rule of lenity applies to sentence | Snow argues lesser punishment for trespass should apply | State contends no ambiguity; lenity inapplicable | Rule of lenity does not apply; appropriate to convict of burglary attempt. |
Key Cases Cited
- Murray v. State, 187 Ga. App. 747 (371 SE2d 272) (1988) (Ga. App. 1988) (prior decisions referenced for standard of review and related principles)
- Banta v. State, 281 Ga. 615, 617 (2) (642 SE2d 51) (2007) (Ga. 2007) (discusses criminal attempt and related doctrines)
- Rouen v. State, 312 Ga. App. 8, 11 (3) (717 SE2d 519) (2011) (Ga. App. 2011) (whether related conduct supports attempted offenses)
- Judice v. State, 308 Ga. App. 229, 233 (3) (707 SE2d 114) (2011) (Ga. App. 2011) (conviction for criminal attempt without explicit charging language)
- Landers v. State, 255 Ga. App. 410, 411 (1) (565 SE2d 585) (2002) (Ga. App. 2002) (guidance on probative sufficiency and jury instruction)