Goldberg v. State

Mikell, Judge.

Michael Saul Goldberg appeals from the denial of his motion for new trial following his conviction of burglary, arguing that the trial court erred by (1) denying his Batson 1 motion, (2) refusing to charge the jury on theft by taking, and (3) sentencing him under the general recidivist statute, OCGA § 17-10-7 (a), instead of the more specific burglary statute, OCGA § 16-7-1 (b). We affirm.

1. Goldberg first assigns error to the denial of his Batson motion to reseat African-American jurors struck by the state, arguing that the trial court erred in ruling that he failed to…