This appeal is from the trial court's dismissal of an accusation charging Burch with violating OCGA 16-11-36
Appellee's arrest arose from a call to the police from a security guard who reported that he saw appellee climb a six-foot high, razor-wire-topped fence around an automobile dealership. Responding officers found appellee outside the dealership and arrested him notwithstanding his explanation that his car had broken down nearby and that he was returning from a restaurant where he had called for help.
Appellee filed a motion to dismiss based on his contention that the statute under which he was charged is unconstitutionally vague and gives too much discretion to the arresting officer. Without detailing its rationale, the trial court granted the motion to dismiss.
The exact issues raised in this case were raised and resolved by this court in Bell v. State, 252 Ga. 267 (313 SE2d 678) (1984)
. We decline appellee's invitation to reconsider Bell and to hold OCGA 16-11-36
unconstitutional. The reasoning of Bell is sound and appellee's assertions that it confers unbridled discretion on police officers are not well taken. The statute makes clear to persons of ordinary intelligence the conduct sought to be prohibited 2
and contains sufficient safeguards to prevent unwarranted arrests and convictions. 3
We reaffirm the holding in Bell that the statute is not unconstitutionally vague and, consequently, must reverse the trial court's dismissal of the charge against appellee.
Duana R. Sanson, for appellee.