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State v. Newton

A person enters a home without authority pursuant to the burglary statute, O.C.G.A. § 16-7-1, when he enters with the owner's consent if that consent was obtained by fraud, deceit or false pretense.

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We granted the State’s petition for a writ of certiorari to consider a matter of first impression. As summarized by the Court of Appeals in Newton v. State, 319 Ga. App. 494 736 SE2d 752 2012, the facts are as follows:

David Allen Newton was tried by a jury and convicted of burglary, theft by taking, and first degree forgery for taking jewelry while touring a home that he claimed he was interested in purchasing and using a fictitious name on a brokerage agreement. He was sentenced to twenty years for burglary, ten years for theft by taking to run concurrently with the burglary sentence, and ten years for forgery to run consecutively to the burglary sentence. The trial court ordered that upon service of nine years in confinement, Newton could serve the remaining twenty-one years on probation. On appeal, Newton challenges the sufficiency of the evidence to support his burglary conviction. He does not appeal his conviction for theft by taking or forgery.

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