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Villegas v. State

Defense counsel's decision to forgo a request to charge on criminal trespass and instead pursue an all-or-nothing strategy in the defendant's burglary trial was not so patently unreasonable that no competent attorney would have made that decision, especially in light of the defendant's contention that he was not even in Georgia at the time of the incident.

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Jose Humberto Villegas appeals the trial court’s denial of his motion for new trial after a jury convicted him on one count of burglary. On appeal, Villegas argues that the evidence was insufficient to support the verdict and that his trial counsel provided ineffective assistance by failing to request a jury charge on the lesser included offense of criminal trespass. Finding no error, we affirm.

Viewed in the light most favorable to the verdict,1 the evidence shows that on January 19, 2010, Claudia Flores was alone at her mother’s house with her infant son when she heard a knock on the door. After Flores looked through a window and saw a man she did not recognize2 at the door, she took her son into her mother’s bedroom. The evidence showed that a television and a stereo were clearly visible inside the house through the window on the side of the door.

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