Fletcher v. State
Fletcher v. State
Opinion of the Court
Omar Fletcher appeals his conviction for burglary of a dwelling and petit theft. We reverse because the jury failed to affirmatively find that the burglary was of a dwelling.
Count I of the Information charged that Fletcher did unlawfully enter or remain in a dwelling. The trial court subsequently instructed the jury as follows: “Omar Fletcher, the defendant in this case, has been accused of the crime of Burglary of an Unoccupied Dwelling and Grand Theft-Third Degree ($300 to $5,000).” The trial court also instructed the jury that the State must prove, as one of three elements of the crime of burglary, that Fletcher entered or remained in a structure. The jury received the definitions of “structure” and “dwelling.” As part of the instruction for Trespass in a Structure as a lesser included offense of burglary, the trial court instructed the jury that it was necessary for Fletcher to have willfully entered or remained in a dwelling. The jury again received the definition of “structure,” but not that of “dwelling.”
The verdict form read as follows:
As to Count I of the Information
_ Guilty of Burglary
_ Guilty of Trespass as a lesser included offense
_ Not guilty
The jury found Fletcher guilty of burglary.
In order for a third degree felony conviction of burglary to be enhanced
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.