Smallwood v. State

310 Ga. 445

FINAL COPY S20A1274. SMALLWOOD v. THE STATE. MCMILLIAN, Justice. Derek Smallwood challenges his conviction for entering an automobile under OCGA § 16-8-18, asserting that the statute is void for vagueness, or alternatively, under the rule of lenity, that he should have been sentenced for misdemeanor criminal trespass of a vehicle. We conclude that OCGA § 16-8-18 is not unconstitutionally vague as applied to the facts of Smallwood’s case, and because that statute prevails as the more specific statute over criminal trespass of a vehicle, the rule of lenity does not apply. Therefore,…