Burglary Conviction Overturned on Appeal

Posted 11 months ago — Ooley Law Blog

In Indiana, a person who breaks and enters the building or structure of another person, with intent to commit a felony or theft in it, commits burglary, a Level 5 felony (Indiana Code 35-43-2-1).

In Wilburn vs. State, the Court of Appeals found insufficient evidence to sustain Defendant’s burglary conviction because Defendant entered through an unlocked front door of an establishment open for business (two minutes prior to closing). Therefore, there was not a “breaking” as required by statute.