Miller v. State
Miller v. State
Opinion of the Court
Ronnie Lee Miller appeals his two convictions for robbery, claiming that the trial court erred by failing to give his requested jury charge on theft by taking. Miller argues that the charge should have been given because theft by taking is a lesser included offense of robbery and because it was his sole defense. We find no error and affirm.
Carolyn Morris testified that on the night of June 21, 2000, she
Miller testified that Morris had agreed to engage in sexual activity with him in exchange for crack cocaine. But when Morris refused to engage in the type of activity Miller wanted, he took her purse. Miller admitted that he took the purse without Morris’s permission and “struggled]” with her to get it.
Miller was charged with robbery by force and robbery by intimidation. He submitted a written request for a jury charge on theft by taking, but the trial court refused to give it. Miller argues that the charge should have been given because theft by taking is a lesser included offense of the charged crimes and because it was his only defense.
1. The court must charge the jury on a lesser included offense if the defendant requests the charge in writing and there is any evidence that he committed the lesser included offense.
A person commits theft by taking “when he unlawfully takes . . . any property of another with the intention of depriving him of the property, regardless of the manner in which the property is taken.”
Despite his characterization of it otherwise, Miller’s real defense was not that he committed theft by taking instead of robbery, but that he lacked the requisite criminal intent for either crime. He acknowledged that he took Morris’s purse from her person after a struggle (thus satisfying the elements of robbery that elevate it from
2. Nor was an instruction on theft by taking required under the theory that it was Miller’s sole defense. “A charge on the defendant’s sole defense is mandatory only if there is some evidence to support the charge. [Cit.]”
Judgment affirmed.
Edwards v. State, 264 Ga. 131, 132 (442 SE2d 444) (1994).
(Punctuation and footnote omitted.) Espinoza v. State, 243 Ga. App. 665, 667 (2) (534 SE2d 127) (2000).
Id.; see also Moses v. State, 264 Ga. 313, 315 (2) (444 SE2d 767) (1994).
OCGA § 16-8-2.
OCGA § 16-8-40 (a) (1), (2).
Robbery also may be accomplished by “sudden snatching,” OCGA § 16-8-40 (a) (3), but that method was not charged here.
Porter v. State, 272 Ga. 533, 534 (3) (531 SE2d 97) (2000).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.