State v. Evans

Burglary is accomplished if a person enters or remains unlawfully, in a dwelling, with the intent to commit a crime therein.

Defendant moved for a judgment of acquittal of the conviction for first-degree burglary. Burglary is accomplished if a person enters or remains unlawfully, in a dwelling, with the intent to commit a crime therein. Defendant argued that the state failed to prove that he was not licensed or privileged to be in the victim’s apartment at the time that he stole the victim’s purse. Defendant also argued that the state did not prove that Defendant had lost his license or privilege to remain in the victim’s apartment. The Court viewed the evidence most favorable to the state to determine whether a factfinder could find that the state had proved every element of the offense beyond a reasonable doubt. The Court concluded that Defendant exceeded the express limits of the license to be in the victim’s apartment because a reasonable inference can be drawn that Defendant had no license or privilege to wander elsewhere in the victim’s home. Affirmed.