¶1concurring specially.
¶2This disturbing result is mandated by the Supreme Court’s holding that a married defendant cannot be convicted of burglarizing the home of his or her spouse as a matter of law, even if the couple is no longer living together. See Mitchell v. State, 263 Ga. 129 (3) (429 SE2d 517) (1993).
¶3I am tempted to try to distinguish this case on the grounds that the burglarized dwelling was the home of defendant’s mother-in-law rather than his estranged wife. As the trial court recognized at the conclusion of the bench trial, however, the evidence did not support this distinction. Moreover, such a distinction might narrow the holding of Mitchell, but leave its core unchallenged; and we should not allow this to happen. I doubt that the apparent holding of the third division of Mitchellis what a unanimous Supreme Court meant to say, and therefore urge that Court to grant certiorari in this case and clarify or correct that holding.