170 Ga. App. 676 | Ga. Ct. App. | 1984
Ricky Raymond a/k/a Alonzo Arnold was convicted of burglary and sentenced to serve twenty years. He brings this appeal enumerating essentially two alleged errors. Held:
Appellant offered as his sole defense that he was a drug abuser and had taken a number of quaaludes that morning and drunk some wine. He was feeling strange, almost incapacitated and had gone upon the porch of the house where he was arrested in order to seek permission to call a cab to take him home. He knocked on the door and possibly a window but never entered the house. He claimed to have been arrested while still on the front porch.
The evidence, while in conflict, compellingly supports the jury’s verdict of guilty. We must conclude that any rational trier of fact could find beyond reasonable doubt appellant’s guilt. Baldwin v. State, 153 Ga. App. 35, 37 (264 SE2d 528).
2. In his second enumeration of error, appellant complains the trial court erred in failing to give a requested charge on criminal trespass, appellant’s only defense. Appellant reasonably argues that criminal trespass is a lesser offense to the crime of burglary and that he had no authority to be on the victim’s front porch. However, that is not the substance of his sworn testimony. Arnold (Raymond) testified that he went to the front porch for the purpose of seeking help for a temporary disability. The front porch was deliberately left unsecure by the victim to allow the postman access to the mailbox, thus there was no necessity for appellant to force entry. His evidence therefore raised at worst a legal presence without an unlawful intent. That conduct does not raise an issue of criminal trespass, which crime requires an unlawful intent. OCGA § 16-7-21. See Williamson v. State, 134 Ga. App. 583 (215 SE2d 518).
In this case the evidence reasonably established for the jury that appellant went upon the victim’s front porch either for a lawful purpose, or broke a window and entered the house with the intent to commit a theft therein (the act we find sustained by the evidence).
Judgment affirmed.