(b) In the absence of a written request, the trial court did not err by failing to instruct the jury on criminal trespass as a lesser included offense of burglary. See Herbert v. State, 298 Ga.App. 826(1), 681 S.E.2d 245 (2009).           7.

Gadson v. State, 264 Ga. 280, 281 (2) ( 444 SE2d 305) (1994). Accord Herbert v. State, 298 Ga. App. 826, 828 (1) ( 681 SE2d 245) (2009) (trial court did not err in failing to charge jury on criminal trespass as lesser included offense of burglary in absence of request). Compare Waldrop v. State, 300 Ga. App. 281, 284-285 (3) ( 684 SE2d 417) (2009) (convictions reversed where defendants filed a written request to charge lesser included offense of criminal trespass).