Harper v. State

Although the evidence was insufficient to support the defendant's conviction for criminal trespass in violation of O.C.G.A. § 16-7-21 subsection b 2, the evidence was sufficient to support his conviction for criminal trespass in violation of § 16-7-21 subsection a, after he damaged the door of a residence when he, acting as a bail recovery agent for a professional bondsman, entered the residence, without the homeowner's knowledge or permission, and arrested a man who was visiting the residence.

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David Lamar Harper appeals pro se from the judgment of conviction entered on jury verdicts finding him guilty of two counts of criminal trespass in violation of OCGA § 16-7-21 a and b 2. For the following reasons, we affirm the conviction for violation of OCGA § 16-7-21 a and reverse the conviction for violation of OCGA § 16-7-21 b 2.

The state produced the following evidence: Harper was acting alone as a bail recovery agent for a professional bondsman when he entered the residence of Tina McDaniel through a locked door, without McDaniel’s knowledge or permission, and arrested Stephen Collier inside the residence on behalf of the bondsman for the purpose of surrendering Collier to state custody because his criminal bond had been forfeited. At the time of Harper’s intrusion, McDaniel was changing clothes in her bedroom when she heard her daughter scream, and she ran to find Harper inside her residence holding Collier to the floor while handcuffing him. McDaniel asked Harper who he was, and Harper responded that “he was Houston County.” Based on this response, McDaniel mistakenly thought that Harper was a Houston County police officer. Harper never identified himself as a bail recovery agent. Collier did not reside at the McDaniel residence – he was an acquaintance of McDaniel who was at the residence that day to perform work on a vehicle located at the residence. Before taking Collier from the residence, Harper told McDaniel that he had come in through the back door, and that she “might need to get her door fixed.” Photographs of the door showed the property damage caused by Harper when he entered the residence through the locked door. After McDaniel reported the intrusion to police, Harper was arrested and charged with two counts of criminal trespass.

Harper v. State

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