Solomon v. State
342 Ga. App. 836
Ga. Ct. App.2017Background
- At 11:36 p.m. on Sept. 4, 2011, police responded to an alarm at a church; the alarm was for a storage shed on the property.
- Officers approached on foot and found Solomon under a classroom trailer window, folding a metal ladder; a damaged window screen was nearby.
- Solomon was detained; he wore one black glove, carried two wrenches, and fresh boot prints matching his boots led from the shed to the trailers; the shed’s back wall was pried and had mud/grass inside.
- Solomon was indicted for two counts of burglary (the trailer and the shed); the State nolle prossed the trailer count and the jury convicted Solomon of burglary of the shed.
- The trial court entered a conviction for "first degree" burglary and sentenced Solomon as a recidivist to 20 years (15 to serve); Solomon appealed claiming insufficient evidence and ineffective assistance for failure to move for a directed verdict.
- The events occurred before the 2012 amendment to OCGA § 16-7-1, so the former burglary statute (pre- July 1, 2012) applies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to support burglary of the shed | Solomon: he entered shed only to obtain ladder to burglarize trailer, so lacked intent to commit theft/ felony in shed | State: facts (pried shed, ladder, tools, boot prints, damaged screen) support inference he intended to steal ladder from shed to commit theft/ break into trailer | Evidence sufficient under former OCGA § 16-7-1; conviction stands |
| Trial counsel ineffective for not moving for directed verdict | Solomon: counsel should have moved because evidence insufficient | State: any motion would be meritless given sufficiency | No merit; counsel not ineffective |
| Whether conviction correctly labeled/ sentenced as first-degree burglary | Solomon: judgment lists first-degree but former statute did not create degrees; sentencing improper | State: likely scrivener’s error but needs correction | Judgment lists first-degree in error; conviction vacated and remanded for entry of correct conviction and resentencing under former statute |
| Which version of OCGA § 16-7-1 applies | Solomon: events in 2011, so former statute applies | State: current law applies only to offenses on/after July 1, 2012 | Former (pre-2012) statute applies to these events |
Key Cases Cited
- Reese v. State, 270 Ga. App. 522 (discussing standard of review on sufficiency of evidence)
- Jackson v. Virginia, 443 U.S. 307 (establishing the reasonable-doubt sufficiency standard)
- Floyd v. State, 207 Ga. App. 275 (holding unlawful entry into a non-dwelling building can support burglary under former statute)
- State v. Newton, 294 Ga. 767 (clarifying that 2012 amendment to OCGA § 16-7-1 applies only to offenses on/after July 1, 2012)
- Hoglen v. State, 336 Ga. App. 471 (vacating sentence where appellate reversal made original sentencing situation unclear)
- Hickson v. State, 308 Ga. App. 50 (remanding for resentencing where written sentence did not conform to trial court intent)
- Hayes v. State, 262 Ga. 881 (failure to make a meritless objection does not establish ineffective assistance)