Xavia Pound appeals from his conviction of entering an automobile with intent to commit theft, OCGA § 16-8-18. His sole enumeration of error is that the court erred in its charge to the jury on intent. We find no error and affirm the conviction.
1. Viewed with all inferences in favor of the jury’s verdict,
Crumbley v. State,
Officer Boswell arrived as the Honda was driving off and stopped it. Pound was driving, and according to Boswell, he tried to come around her car when she stopped them. She ordered the two men out of the car, at which point Pound stated that they were not breaking into cars. Because of Pound’s aggressive attitude and failure to cooperate, she kept her gun pointed at the two until other units arrived. Fisher identified the two as the ones he saw looking into cars and entering the Hyundai, although he could not specify which _ one entered first.
Pound and his father testified that Pound was driving his father’s Honda the evening before and that morning and that two car radios found in its trunk belonged to the father.
Christian, Pound’s co-defendant, pled guilty to entering an automobile before trial and initially gave a statement implicating Pound, although at trial he denied Pound’s involvement. His initial statement was introduced into evidence.
2. The court gave the following charge, which is enumerated as error: “You are authorized, but not required, to infer an intent to commit a theft where an individual breaks into an area of an automobile in which valuables might be stored. Whether or not you draw *468 such an inference is a matter solely within your discretion.”
This charge was in addition to the charge on intent contained in the Suggested Pattern Jury Instructions as well as the charges on reasonable doubt and definitions of entering an automobile and criminal trespass, a lesser included crime.
After some deliberation, the jury asked the difference between “guilty of entering an automobile and guilty of criminal trespass,” a lesser included crime. The court reinstructed the definitions of the two offenses, without repeating the objected-to intent instruction. The jury returned shortly thereafter with a guilty verdict. When the jury was polled, however, one juror disavowed it and deliberations began again. Thereafter, the jury asked for written copies of the two definitions, which the court refused. The court did orally redefine the two offenses. The jury also asked “[d]id prosecution need to prove intent once defendant was in vehicle unlawfully?” In response to this inquiry, the court recharged his initial charges on intent, including the challenged one.
Pound argues that this instruction was argumentative in favor of the State and failed to conform to appropriate, neutral language.
The objected-to charge is a correct statement of law.
Shields v. State,
Despite Pound’s argument that Heflin and Addis are distinguishable factually because they involved burglaries, we find the legal principle indistinguishable and applicable to entering an automobile. Further, the court here changed “attempts to break in” to “breaks in” before giving the charge.
“ ‘The charge of the jury must be taken as a whole and each part thereof considered in connection with every other part of the charge. See
Marchman v. State,
So considering the charge here, including the recharges,
Mobley v. State,
Judgment affirmed.
