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Smith v. State

The defendant was not entitled to a sua sponte charge on his sole defense of authorized entry, because it is not a separate and discrete defense to burglary.

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Scott Smith was convicted of malice murder of his mother, burglary of her home, and hindering the police officer who arrested him. The trial court imposed a life sentence for murder, a 20-year consecutive sentence for burglary, and a 12-month consecutive sentence for hindering the policeman. The trial court denied a motion for new trial, and he appeals from the judgments of conviction and sentences entered on the jury’s guilty verdicts.1 1. Smith challenges the sufficiency of the evidence to prove his guilt of malice murder and burglary.

Smith and his mother, Linda Ann Jacobs, had a volatile relationship. After his release from prison, he moved in with her and his stepfather, but she soon asked him to leave the house. When Mrs. Jacobs indicated that she intended to inform his probation officer that he would not work, he responded that he was not going to return to prison and he threatened to kill her. Smith refused to return the key that he had been given, so his mother and her husband took measures intended to prevent him from gaining entry into the residence. Two days before her death, she called the police to complain of an “unwanted guest” in her home. Because Smith previously paid some rent, the officer who responded to Mrs. Jacobs’ complaint did not force him to leave and advised her to file a dispossessory action. Later that evening, Smith called the police to report that, after the officer left, his mother attacked and scratched him. She denied assaulting him, but she was arrested on a charge of simple battery. In her absence, he left the residence. Mrs. Jacobs spent the night in jail.

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