Holloman v. State

Carley, Judge.

Appellant was indicted for burglary and was convicted of theft by receiving stolen property. He appeals his conviction.

1. Appellant enumerates as error the trial court’s failure to grant his motion for a directed verdict of acquittal. At the close of the case, the court refused to direct an acquittal, but on its own motion “reduced” the charge against appellant from burglary to theft by receiving stolen property. This was error, as “theft by receiving is not a lesser included offense to burglary.” Breland v. Smith, 247 Ga. 690, 692 (279 SE2d 204) (1981). “Under [OCGA § 16-8-7…