Sutton v. the State

Dillard, Judge.

Timothy Sutton appeals his conviction for possession of tools for the commission of a crime, arguing that the evidence was insufficient to support his conviction, that the trial court erred in failing to instruct the jury sua sponte on the elements of burglary, and that his trial counsel was ineffective for failing to request such an instruction. For the reasons set forth infra, we affirm.

Viewed in the light most favorable to the jury’s verdict, 1 the evidence shows that on the evening of September 24, 2012, a deputy sheriff with the Candler County Sheriff’s Office was on…