Legal Opinion

Daniel v. the State

Court of Appeals of Georgia

Decided June 7, 2016No. A16A0587PublishedCited by 9 opinions

1Opinion of the Court

McFADDEN, Judge.

After a jury trial, Desmond Daniel was convicted of burglary He appeals, challenging the sufficiency of the evidence, the lack of a jury charge on trespass as a lesser offense, and the effectiveness of his trial counsel. However, there was sufficient evidence to support the verdict, there was no evidence to authorize a jury charge on trespass as a lesser offense, and there has been no showing that trial counsel’s performance was both deficient and prejudicial. Accordingly, we affirm.

1. Sufficiency of the evidence.

“On appeal from a criminal conviction, we view the evidence in…

2Cases cited15 opinions

  1. Long v. StateSupreme Court of Georgia · 2010
  2. Merritt v. StateSupreme Court of Georgia · 2013
  3. Howard v. StateCourt of Appeals of Georgia · 1997
  4. Byrd v. StateCourt of Appeals of Georgia · 2013
  5. McDuffie v. StateSupreme Court of Georgia · 2015

10 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Daniel v. StateSupreme Court of Georgia · 2017
  2. Gilmer v. the StateCourt of Appeals of Georgia · 2016
  3. MCALLISTER v. the STATE.Court of Appeals of Georgia · 2017
  4. Thompson v. the StateCourt of Appeals of Georgia · 2017
  5. Daniel v. StateSupreme Court of Georgia · 2017

4 more not listed; retrieve them via the Exa API.

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