Keller v. State
Annotate this CaseAfter a jury trial, Defendant was convicted of two counts of Class B felony burglary, among other crimes. The burglary convictions resulted from breaking and entering into an old farmhouse. The Supreme Court reversed the two convictions for burglary as Class B felonies and remanded for the entry of two replacement convictions for burglary as Class C felonies, holding that the jury instruction’s expansion of the statutory definition of a “dwelling” for purposes of Class B felony burglary was misleading and invaded the province of the jury and was therefore erroneous. Remanded for resentencing.
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