GOLDBERG v. STATE

No. A06A0211.

634 S.E.2d 419 (2006)

GOLDBERG v. The STATE.

Court of Appeals of Georgia.

Reconsideration Denied July 25, 2006.


Attorney(s) appearing for the Case

Gerard B. Kleinrock, Decatur, for appellant.

Gwendolyn Keyes Fleming, District Attorney, Barbara B. Conroy, Assistant District Attorney, for appellee.


MIKELL, Judge.

Michael Saul Goldberg appeals from the denial of his motion for new trial following his conviction of burglary, arguing that the trial court erred by (1) denying his Batson motion, (2) refusing to charge the jury on theft by taking, and (3) sentencing him under the general recidivist statute, OCGA § 17-10-7(a), instead of the more specific burglary statute, OCGA § 16-7-1(b). We affirm.

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