Easter v. State

Branch, Judge.

Andra Easter was tried by a Richmond County jury and found guilty of one count of burglary1 and one count of aggravated assault.2 He now appeals from the denial of his motion for a new trial, arguing that the trial court’s jury charge violated his due process rights by *755allowing the jury to convict him of committing both burglary and aggravated assault by a method not alleged in the indictment. Easter further contends that the trial court erred in instructing the jury that it should first consider whether Easter was guilty of burglary before considering the lesser included…