State v. Collins

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In this summary disposition order, the Supreme Court affirmed Defendant’s conviction for resisting arrest but reversed Defendant’s conviction for burglary in the second degree. The court held that the intermediate court of appeals erred in affirming the circuit court’s denial of Defendant’s motion of acquittal as to the burglary count. Specifically, pursuant to the Supreme Court’s decision in State v. King, 386 P.3d 886 (2016), Defendant’s contravention of a written trespass warning did not constitute an unlawful entry for the purposes of burglary in the second degree. Accordingly, a reasonable juror could not have concluded, based on the evidence, that Defendant was guilty of burglary in the second degree. View "State v. Collins " on Justia Law