CASE LAW UPDATE: Whether the circumstantial evidence was insufficient to support burglary conviction?
Defendant was convicted of burglary. Defendant appealed. On appeal, defendant argued that the evidence was insufficient to support his burglary conviction. The circumstances proved were that a person used a slingshot to break windows at a building separate from the restaurant defendant was charged with burglarizing. Evidence was that he entered that building with a bag and conducted a search. The Minnesota Court of Appeals concluded that although the circumstances were consistent with defendant burglarizing that building, the circumstances allowed for a reasonable hypothesis that defendant did not enter the restaurant that was the basis of the charge. Conviction reversed.
State v. Nixon, A20-0411, Ramsey County.
Minneapolis Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.