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Deron Mahonev.The State

CourtCourt of Appeals of Georgia
Docket No.A18A1584
DecidedJanuary 30, 2019
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal LawCriminal ProcedureStatutory InterpretationSufficiency of the EvidenceReversalRemandTales From the CryptMurder & Mayhem
Case Summary

Deron Mahone was convicted of first-degree home invasion, aggravated assault, and assault on an unborn child after he entered his former girlfriend’s apartment and attacked her with an iron. The evidence showed that he broke through the door and found the iron inside the apartment before using it in the assault. The Court of Appeals reversed the home-invasion conviction and remanded for resentencing. Georgia’s home-invasion statute requires the defendant to enter the occupied dwelling while already possessing a deadly weapon or qualifying instrument. The State proved that Mahone entered without authority and intended to commit a forcible felony, but the undisputed evidence showed that he did not possess the iron until after crossing the threshold. The court declined to expand the statute by treating entry as incomplete until the assault began, because that reading would erase the distinction between home invasion and burglary. The aggravated-assault and unborn-child convictions were not disturbed.

Opinion

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Deron Mahone V. The State — The Atlanta Gleaner