Spells v. State
Spells v. State
Opinion of the Court
Spells was convicted and sentenced on seven counts of burglary of a dwelling, three counts of dealing in stolen property, two counts of theft, and one count of conspiracy to commit burglary. With respect to count II, burglary of a dwelling, we reverse. The convictions on all other counts are affirmed.
We recognize, as to count II, the burglary of a house on Nuevo Lagos Street, that there is evidence that a microwave oven matching the general description of a microwave oven stolen from the Nuevo Lagos house was recovered from the home of a witness who claimed to have purchased it from Spells and his co-perpetrator. However, the record on appeal reflects that the serial number of the microwave in evidence does not match that of the microwave taken in the Nuevo Lagos burglary.
Accordingly, we reverse and remand for modification of the judgment and for re-sentencing as to the remaining counts.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.