Background

• Newton was convicted by a jury of burglary, theft by taking, and first-degree forgery, with a split sentence of 20 years for burglary, 10 years for theft by taking to be served concurrently, and 10 years for forgery to run consecutively; nine years confinement followed by possible probation for the remaining term.
• The State’s proof showed Newton used the alias David Flynn, presented a NJ license in that name, signed a buyer’s brokerage agreement, and posed as a legitimate homebuyer to gain access to homes.
• At Cynthia Murphy’s home, Newton entered the premises under the realtor’s consent, which was given to the licensed agent for showing the home; later, jewelry valued around $20,000 disappeared from Murphy’s residence.
• The indictment charged entering Murphy’s dwelling without authority with intent to commit theft, and the jury was instructed that burglary required without-authority entry with intent to commit a theft or felony; trial court noted Newton lacked authority since he used another’s identity.
• The Court of Appeals had reversed Newton’s burglary conviction on the theory that consent obtained by fraud could not be “without authority”; the Supreme Court granted certiorari to resolve whether such consent constitutes entry “without authority.”
• The Court held that consent obtained by fraud constitutes entry without authority under OCGA § 16-7-1, reinstating Newton’s burglary conviction.

Issues

Key Cases Cited

• State v. Abdullah, 967 A.2d 469 (R.I. 2009) (consent obtained by impersonation can render entry without authority)
• People v. Burke, 937 P.2d 890 (Colo. App. 1996) (entry by fraud deems unauthorized entry)
• State v. Maxwell, 234 Kan. 393 (Kan. 1983) (constructive breaking through deceit supported burglary liability)
• State v. Lozier, 375 So.2d 1333 (La. 1979) (entry by artifice satisfies burglary "without authority")
• Nicholls v. State, 68 Wis. 416 (Wis. 1887) (historic view on admission under pretense as constructive breaking)