SWEENEY, J.
A jury is permitted to infer criminal intent from entering or remaining in a building, but only if the State makes a sufficient showing of some fact from which that inference can be drawn. We conclude that there has been no such showing here. We therefore reverse this conviction for first degree burglary and remand with instructions that a permissive inference instruction not be given in a retrial.
FACTS
John Martin Sandoval kicked in...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
