State v. Rogers

The Supreme Court reversed the decision of the court of appeals affirming Defendant’s first-degree burglary conviction, holding that the victim must be physically present during the burglary for a conviction under Minn. Stat. 609.582(1)(b).Section 609.582(1)(b) elevates burglary to a first-degree offense if “the burglar possesses, when entering or at any time while in the building,….any article used or fashioned in a manner to lead the victim to reasonably believe it to be a dangerous weapon.” On appeal, Defendant argued that because the victim was not physically present during the burglary, the evidence was not sufficient to support his conviction. The court of appeals affirmed. The Supreme Court reversed, holding that section 609.582(1)(b) requires the victim to be physically present during the burglary. View "State v. Rogers" on Justia Law