Burglary conviction is supported by evidence that appellant entered a residence to commit a petit larceny. Appellant was a suspect in a car theft. He subsequently entered two different homes without consent, and changed into clothing stolen from the homes in an attempt to evade police. He was convicted of first degree burglary. On appeal, he argued that there was insufficient evidence of burglary because there was insufficient evidence that appellant intended to commit a felony when he entered the two houses. The appellate court rejected the argument and affirmed. Burglary is also defined as entering a residence with the intent to commit a petit larceny. Here, there was sufficient evidence that when appellant entered the two homes he intended to steal clothes to assist him in evading police. [Editor’s note: not a CCAP case.]
Case Summaries