State v. Benoit
Annotate this CaseBenoit was working as part of a crew replacing windows at an apartment complex, when a resident found him rifling through a wallet that was on the top of a dresser in the resident’s bedroom. Benoit was convicted of entering an apartment with the intent to commit larceny and received a four-year sentence, with 18 months to serve and 30 months suspended, with 30 months of probation. The Rhode Island Supreme Court affirmed, rejecting arguments that the prosecution failed to produce sufficient evidence of his intent to commit larceny at the time he entered the apartment and that the jury heard an officer testify that he responded to a call for a “[p]ossible burglary in progress,” the prejudicial effect of which was so severe that a mistrial was warranted.
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