Lummus v. State

Blackburn, Presiding Judge.

Following a jury trial, Alfred Lummus appeals his conviction for burglary, contending that the trial court erred by: (1) denying his request to instruct the jury to consider admissions or confessions made by him with care and caution pursuant to OCGA § 24-3-53; (2) denying his request to charge the jury on his sole defense of mistake of fact; and (3) imposing restitution without appropriate findings and a hearing as required by OCGA § 17-14-10. For the reasons set forth below, we affirm Lummus’s conviction but vacate the order of restitution and remand for a hearing…