State v. Klein

Conviction for first-degree criminal trespass requires a showing by the State that Defendant was not licensed or privileged to enter the dwelling.

Defendant was convicted of first-degree criminal trespass after reentering the mobile home he had lived in with his mother. The landlord had been granted a writ of execution to remove them from the land and notice was posted on the home saying “trespassing or entering into or upon these premises without written consent of the landlord [would] result in arrest and prosecution.” On appeal, Defendant maintained the court erred in not granting his motion for a judgment of acquittal, and argued that though he “unlawfully entered the premises and committed criminal trespass in the second degree, defendant did not unlawfully enter or remain in the dwelling, as required for criminal trespass in the first degree.” The Court held the landlord had the right to exclude Defendant from the land, but did not have the right to exclude Defendant from the residence itself. Judgment of conviction for first-degree criminal trespass reversed and remanded with instructions to enter a judgment of conviction for second-degree criminal trespass and for resentencing.