FIFTH DIVISION MCFADDEN, P. J., HODGES and PIPKIN, JJ.
NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. https://www.gaappeals.us/rules
June 20, 2025
In the Court of Appeals of Georgia A25A1349. WALTERS v. THE STATE.
HODGES, Judge.
A jury found Stephen L. Walters guilty of criminal trespass after he disobeyed
an officer’s warning and unlawfully trespassed onto property where three sisters were
living and operating a music school. The State Court of Cherokee County sentenced
Walters to 12 months in confinement with 120 days to serve, credit for time served,
and the remainder of the sentence suspended so long as Walters met certain
conditions, which included no new violations of the law. After Walters was again
arrested for criminal trespass in the same neighborhood a few months later, the trial
court revoked the balance of his suspended sentence and ordered that he serve his
remaining time in confinement. In his appeal, Walters argues that the evidence was insufficient to sustain his initial conviction. He also argues that the order revoking his
suspended sentence from that initial conviction, following his second arrest, should
be vacated because his notice of appeal acted as a supersedeas preventing the
enforcement of his probationary conditions. For the reasons that follow, we affirm his
initial conviction and find that we lack jurisdiction to address his claim regarding the
revocation of the suspension of his sentence related to that conviction.
“On appeal from a criminal conviction, the evidence must be viewed in the light
most favorable to support the verdict, and [Walters] no longer enjoys a presumption
of innocence; moreover, an appellate court determines evidence sufficiency and does
not weigh the evidence or determine witness credibility.” (Citation and punctuation
omitted.) Onyeka v. State, 374 Ga. App. 504 (913 SE2d 377) (2025).
So viewed, the evidence adduced at trial shows that Krista McCoy and her
sisters, Kara McCoy and Anna McCoy, were living in a house on Pine Lark Drive in
Canton. The sisters, who rented the home from their father, also ran a music school
at the house, teaching voice, piano, violin, viola, and cello lessons to children and
adults. In the summer of 2022, the sisters began seeing one of their neighbors,
Walters, exhibit odd and disturbing behavior. In June and July, Anna received
2 unsolicited text and voicemail messages from Walters that she characterized as
“abnormal” and “a little bit alarming” because they did not make sense and asserted
that Anna and other “neighbors were against him.” The women also began seeing
Walters exhibit bizarre behavior around the neighborhood. Kara saw him yelling and
appearing “outwardly disturbed.” Anna saw him go onto a neighbor’s porch while the
neighbor was not home and behave as if he were talking with someone inside, yelling
and acting upset.
On August 10, 2022, the sisters saw Walters on his own property in a very
agitated state “talking extremely loudly . . . about just bizarre things that didn’t make
sense.” Later that day, Krista observed Walters on a neighbor’s property “talking to
nobody.” Then Krista and Anna saw Walters walk onto their property. They locked
the door and moved into another room so that he would not be able to see them. He
began knocking on the door. The women called law enforcement. Although Walters
walked away before officers arrived, the women could hear him on the phone, telling
someone “[he] knew they had the gun and he was on the way to their house.”
Cody Garland, a POST-certified corporal with the Cherokee County Sheriff’s
Office who came to the sisters’ home, testified that he received calls from more than
3 one person that day about Walters’ trespassing. When Garland located Walters and
began talking with him, Walters said he had a missing firearm and that Anna “knew
about the gun . . . [and] had the gun[.]” He admitted going onto the sisters’ property
but then said they did not know anything about the gun.
Anna testified that the sisters perceived from Walters’ communication with
them that “he was upset with us for something that we hadn’t done, [and that] we had
no control over. And we knew that he seemed to be very agitated, and didn’t seem to
be in his right mind. . . . [W]e didn’t feel safe having him on our property.” As a
result, the sisters told Garland they wanted him to issue a criminal trespass warning
to Walters. Garland did so, telling Walters he was not welcome on the sisters’
property and that if he returned, he would be arrested for criminal trespass. Walters
told Garland that he understood.
On New Year’s Day in 2023, the sisters threw a party at their home. They saw
Walters come down their driveway and onto their porch. They locked the door but he
called through the door that he wanted to talk to them. Anna declined to talk to him.
Kara took a video and a photo of Walters at the door, and Anna called 911. Anna then
4 reported the trespass to Garland and sent him the photo and video evidence. Garland
issued an arrest warrant against Walters for criminal trespass.
Walters was arrested and placed in the Cherokee County Jail. He posted bond
on January 5, 2023. He was tried, convicted, and, on February 14, 2024, received a 12-
month sentence “to serve 120 days in custody, credit for time served[,] remainder of
time suspended” on condition of making no contact with the sisters, staying off their
property, committing no new violations of law, and possessing no firearms. Walters
appealed this conviction on March 14, 2024.
In June 2024, however, he was arrested on a new charge of criminal trespass
because, after a warning, he trespassed on the property of Lori Sims, one of the
sisters’ neighbors.
The State then moved to impose Walters’ suspended sentence on the basis that
he had violated one of its conditions by committing a new violation of the law. After
a hearing, the trial court issued an order on August 14, 2024, finding that Walters had
violated his suspended sentence. The court revoked the suspension, and ordered that
Walters serve the balance of his sentence in the Cherokee County Adult Detention
Center.
5 1. Walters first argues that the evidence was insufficient to sustain his initial
trespass conviction. We find no error.
OCGA § 16-7-21 (b) (2) provides, in pertinent part, that:
A person commits the offense of criminal trespass when he or she knowingly and without authority: . . .
Enters upon the land or premises of another person . . . after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden[.]
As outlined above, the evidence shows that the sisters were lawful occupants
of the home. The evidence also shows that an officer, acting as the sisters’
representative, gave Walters notice to stay off the sisters’ property and told Walters
that if he entered it again, he would be arrested for criminal trespass. Rayburn v. State,
250 Ga. 657 (300 SE2d 499) (1983) (recognizing that warnings to stay out of
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FIFTH DIVISION MCFADDEN, P. J., HODGES and PIPKIN, JJ.
NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. https://www.gaappeals.us/rules
June 20, 2025
In the Court of Appeals of Georgia A25A1349. WALTERS v. THE STATE.
HODGES, Judge.
A jury found Stephen L. Walters guilty of criminal trespass after he disobeyed
an officer’s warning and unlawfully trespassed onto property where three sisters were
living and operating a music school. The State Court of Cherokee County sentenced
Walters to 12 months in confinement with 120 days to serve, credit for time served,
and the remainder of the sentence suspended so long as Walters met certain
conditions, which included no new violations of the law. After Walters was again
arrested for criminal trespass in the same neighborhood a few months later, the trial
court revoked the balance of his suspended sentence and ordered that he serve his
remaining time in confinement. In his appeal, Walters argues that the evidence was insufficient to sustain his initial conviction. He also argues that the order revoking his
suspended sentence from that initial conviction, following his second arrest, should
be vacated because his notice of appeal acted as a supersedeas preventing the
enforcement of his probationary conditions. For the reasons that follow, we affirm his
initial conviction and find that we lack jurisdiction to address his claim regarding the
revocation of the suspension of his sentence related to that conviction.
“On appeal from a criminal conviction, the evidence must be viewed in the light
most favorable to support the verdict, and [Walters] no longer enjoys a presumption
of innocence; moreover, an appellate court determines evidence sufficiency and does
not weigh the evidence or determine witness credibility.” (Citation and punctuation
omitted.) Onyeka v. State, 374 Ga. App. 504 (913 SE2d 377) (2025).
So viewed, the evidence adduced at trial shows that Krista McCoy and her
sisters, Kara McCoy and Anna McCoy, were living in a house on Pine Lark Drive in
Canton. The sisters, who rented the home from their father, also ran a music school
at the house, teaching voice, piano, violin, viola, and cello lessons to children and
adults. In the summer of 2022, the sisters began seeing one of their neighbors,
Walters, exhibit odd and disturbing behavior. In June and July, Anna received
2 unsolicited text and voicemail messages from Walters that she characterized as
“abnormal” and “a little bit alarming” because they did not make sense and asserted
that Anna and other “neighbors were against him.” The women also began seeing
Walters exhibit bizarre behavior around the neighborhood. Kara saw him yelling and
appearing “outwardly disturbed.” Anna saw him go onto a neighbor’s porch while the
neighbor was not home and behave as if he were talking with someone inside, yelling
and acting upset.
On August 10, 2022, the sisters saw Walters on his own property in a very
agitated state “talking extremely loudly . . . about just bizarre things that didn’t make
sense.” Later that day, Krista observed Walters on a neighbor’s property “talking to
nobody.” Then Krista and Anna saw Walters walk onto their property. They locked
the door and moved into another room so that he would not be able to see them. He
began knocking on the door. The women called law enforcement. Although Walters
walked away before officers arrived, the women could hear him on the phone, telling
someone “[he] knew they had the gun and he was on the way to their house.”
Cody Garland, a POST-certified corporal with the Cherokee County Sheriff’s
Office who came to the sisters’ home, testified that he received calls from more than
3 one person that day about Walters’ trespassing. When Garland located Walters and
began talking with him, Walters said he had a missing firearm and that Anna “knew
about the gun . . . [and] had the gun[.]” He admitted going onto the sisters’ property
but then said they did not know anything about the gun.
Anna testified that the sisters perceived from Walters’ communication with
them that “he was upset with us for something that we hadn’t done, [and that] we had
no control over. And we knew that he seemed to be very agitated, and didn’t seem to
be in his right mind. . . . [W]e didn’t feel safe having him on our property.” As a
result, the sisters told Garland they wanted him to issue a criminal trespass warning
to Walters. Garland did so, telling Walters he was not welcome on the sisters’
property and that if he returned, he would be arrested for criminal trespass. Walters
told Garland that he understood.
On New Year’s Day in 2023, the sisters threw a party at their home. They saw
Walters come down their driveway and onto their porch. They locked the door but he
called through the door that he wanted to talk to them. Anna declined to talk to him.
Kara took a video and a photo of Walters at the door, and Anna called 911. Anna then
4 reported the trespass to Garland and sent him the photo and video evidence. Garland
issued an arrest warrant against Walters for criminal trespass.
Walters was arrested and placed in the Cherokee County Jail. He posted bond
on January 5, 2023. He was tried, convicted, and, on February 14, 2024, received a 12-
month sentence “to serve 120 days in custody, credit for time served[,] remainder of
time suspended” on condition of making no contact with the sisters, staying off their
property, committing no new violations of law, and possessing no firearms. Walters
appealed this conviction on March 14, 2024.
In June 2024, however, he was arrested on a new charge of criminal trespass
because, after a warning, he trespassed on the property of Lori Sims, one of the
sisters’ neighbors.
The State then moved to impose Walters’ suspended sentence on the basis that
he had violated one of its conditions by committing a new violation of the law. After
a hearing, the trial court issued an order on August 14, 2024, finding that Walters had
violated his suspended sentence. The court revoked the suspension, and ordered that
Walters serve the balance of his sentence in the Cherokee County Adult Detention
Center.
5 1. Walters first argues that the evidence was insufficient to sustain his initial
trespass conviction. We find no error.
OCGA § 16-7-21 (b) (2) provides, in pertinent part, that:
A person commits the offense of criminal trespass when he or she knowingly and without authority: . . .
Enters upon the land or premises of another person . . . after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden[.]
As outlined above, the evidence shows that the sisters were lawful occupants
of the home. The evidence also shows that an officer, acting as the sisters’
representative, gave Walters notice to stay off the sisters’ property and told Walters
that if he entered it again, he would be arrested for criminal trespass. Rayburn v. State,
250 Ga. 657 (300 SE2d 499) (1983) (recognizing that warnings to stay out of
Greyhound bus terminal by security officers amounted to “receiving a prior notice
from an authorized representative of the owner that such entry was forbidden”);
Austin v. State, 335 Ga. App. 521, 525 (2) (782 SE2d 308) (2016) (finding that when
victim instructed officer to tell defendant not to come onto her property, this
6 amounted to notice from an authorized representative). Because the sisters’
testimony, as well as the photo and video evidence, showed Walters entering the
sisters’ property on New Years Day, and because Walters had earlier indicated that
he understood the officer’s warning to stay off the property, the jury was authorized
to find that he trespassed knowingly and without authority. See Hammond v. State, 237
Ga. App. 238, 239 (1) (515 SE2d 183) (1999) (finding evidence sufficient to sustain
conviction for criminal trespass where defendant had been warned not to enter
university buildings for the purpose of sleeping, yet was again found sleeping late at
night on university property); see also Austin, 335 Ga. App. at 525 (1) (“[I]t is for the
finder of fact to determine whether the defendant acted with the requisite degree of
criminal intent in engaging in the act for which he is prosecuted.”) (citation and
punctuation omitted). The evidence was sufficient to sustain Walters’ initial February
2024 conviction for criminal trespass.
2. Walters next argues that the trial court lacked the authority to revoke the
suspension of the sentence for his initial trespass because he filed his notice of appeal
from that conviction prior to his re-arrest and the resulting revocation. He contends
7 this means his notice of appeal acted as a supersedeas, preventing enforcement of his
sentencing conditions. We lack jurisdiction.
This contention of error is based on an order that was entered after Walters
filed his notice of appeal from his judgment of conviction. Walters filed his notice of
appeal March 14, 2024. The order revoking the suspension of Walters’ sentence was
entered August 14, 2024. “Given this fact, and given that [Walters] never filed a
notice of appeal as to the order[] revoking [the suspension of his sentence] . . ., we lack
jurisdiction to address [this claim] of error.” Watts v. State, 334 Ga. App. 770, 771
(780 SE2d 431) (2015) (finding appellate court lacked jurisdiction to address claims
of error stemming from orders revoking probation and denying appellate bond because
those orders post-dated defendant’s notice of appeal); id. at 780 (2); see Bloomfield v.
Bloomfield, 282 Ga. 108, 112 (5) (646 SE2d 207) (2007) (finding that a party may not
enumerate as error an order entered after the notice of appeal is filed).
Judgment affirmed. McFadden, P. J., and Pipkin, J., concur.