OGLE v. the STATE.

Brown, Judge.

*872 Following the denial of his motion for new trial, Jack David Ogle, Jr. appeals his conviction for burglary in the second degree. He contends that the trial court should have charged the jury sua sponte on his sole defense of mistake of fact. We disagree and affirm.

On appeal from a criminal conviction, we view the evidence in the light most favorable *62 to the verdict, with the defendant no longer enjoying a presumption of innocence. We neither weigh the evidence nor judge the credibility of witnesses, but determine only whether, after viewing the evidence in the light most…