Daniel v. State

GRANT, Justice.

A jury found Appellant Desmond Daniel guilty of burglary after he was caught attempting to gain entry to a house by removing a back door’s hinges. The Court of Appeals affirmed the trial court’s order denying Daniel’s motion for new trial. Daniel v. State, 338 Ga. App. 389 (787 SE2d 281) (2016). We granted certiorari to address whether, in a prosecution for burglary, a defendant must present affirmative evidence to counter a permissible inference of specific intent in order to receive a jury instruction on a lesser included offense of criminal trespass. Or in other words, as…