This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The Defendant was convicted of residential burglary after entering a structure described as a "lean-to shed" or secondary shed, which the State argued was part of a dwelling. The jury found that the structure was a dwelling, which elevated the crime to third-degree residential burglary (paras 1, 3-4).
Procedural History
- District Court of Taos County: The Defendant was convicted of residential burglary by a jury.
Parties' Submissions
- Appellant: The Defendant argued that the structure entered was not a dwelling as a matter of law, and thus, the conviction should be for fourth-degree simple burglary instead of third-degree residential burglary (para 1).
- Appellee: The State contended that the structure was part of the dwelling, as it was attached and contiguous to the living quarters, and therefore, the conviction for residential burglary was appropriate (para 3).
Legal Issues
- Whether the structure entered by the Defendant qualifies as a "dwelling" under the residential burglary statute (para 3).
Disposition
- The Court of Appeals affirmed the conviction for residential burglary (para 9).
Reasons
Per Duffy J. (Henderson and Wray JJ. concurring):
The Court found that the structure in question met the criteria for a dwelling as it was attached to and part of a contiguous structure, part of which was used as living quarters, and it was enclosed. The Court referenced previous decisions, such as State v. Lara and State v. Ross, to support its conclusion that the structure was part of the dwelling. The Court rejected the Defendant's arguments that the structure was not customarily used as living quarters and that it was not attached to the residence. The Court also noted that the decision adhered to the principles expressed in State v. Muqqddin, emphasizing that the structure was not a distant building but part of the home, thus warranting protection under the law (paras 5-8).