Whether indoor porch is part of a building under burglary statute

Indoor porch is part of building under burglary statute

Trial court denied defendant's petition for postconviction relief.  On appeal, defendant argued that he should have been permitted to withdraw his plea of guilty to second degree burglary and stalking.  Defendant argued that his plea was not accurate because the record did not establish that he entered the victim's porch without her consent.  The Minnesota Court of Appeals concluded that the indoor porch, for purposes of the burglary statute, was a building in which defendant would need consent to enter.  Affirmed.

Fordyce v. State, A19-0648, Crow Wing County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

By |2020-02-11T04:51:42+00:00January 17th, 2020|Victories/Case Law Updates|0 Comments

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