McKenzie v. State
407 Md. 120, 962 A.2d 998, 2008 Md. LEXIS 631 (2008)
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Rule of Law:
An unoccupied apartment that is between rental tenancies, but is suitable for occupancy, constitutes a 'dwelling' for the purposes of Maryland's fourth-degree burglary statute because burglary is a crime against habitation, and such a unit maintains its character as a place of habitation.
Facts:
- Apartment 14 at the Pepper Tree Farm rental complex was unoccupied on September 4, 2007.
- The most recent tenant had vacated the apartment two weeks prior.
- A new tenant had already signed a lease and was scheduled to move into the apartment the following day, on September 5, 2007.
- In preparation for the new tenant, the apartment had been freshly painted and the carpet had been replaced.
- Kevin Leftwood, the service manager for the property, was performing a routine check of the apartment when he noticed the front door and frame were bent.
- Upon entering, Leftwood found Patrick McKenzie inside the apartment.
- After McKenzie and two other men left, Leftwood discovered new damage inside, including cigarette burns on the carpet and burn marks on the dining room wall.
Procedural Posture:
- Patrick McKenzie was charged with fourth-degree burglary of a dwelling and other offenses in the District Court of Maryland for Montgomery County.
- The District Court judge convicted McKenzie of fourth-degree burglary of a dwelling and malicious destruction of property.
- McKenzie appealed to the Circuit Court for Montgomery County for a de novo jury trial.
- The jury in the Circuit Court found McKenzie guilty of fourth-degree burglary but acquitted him of malicious destruction of property.
- McKenzie filed a petition for a writ of certiorari with the Court of Appeals of Maryland, which the court granted to review the burglary conviction.
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Issue:
Is an unoccupied apartment that is between rental tenancies, but is suitable for occupancy, a 'dwelling' for the purposes of Maryland's fourth-degree burglary statute?
Opinions:
Majority - Barbera, J.
Yes. An unoccupied apartment that is between rentals, but is suitable for occupancy, is a 'dwelling' for the purposes of statutory burglary. The court reasoned that Maryland's burglary statute intended the term 'dwelling' to retain its judicially determined, common law meaning. At common law, burglary is a crime against habitation, designed to protect the dweller, focusing on occupancy rather than ownership. A structure does not lose its character as a dwelling simply because it is temporarily vacant. The court adopted the reasoning of the New Jersey Supreme Court in State v. Scott, holding that because rental apartments are designed for continuous occupancy, there is a substantial likelihood that people will be returning to inhabit the unit, similar to a vacation home. Therefore, an apartment that is vacant between tenancies but remains suitable for habitation is considered a dwelling.
Analysis:
This decision clarifies the scope of the term 'dwelling' within Maryland's burglary statutes, explicitly extending it to temporarily vacant rental units. By grounding its reasoning in the common law purpose of burglary—to protect habitation—the court provides a principle-based standard rather than a rigid occupancy requirement. This precedent strengthens protections for rental properties and makes it clear that the character and intended use of a structure, not its immediate occupancy status, are the key determinants for a burglary charge. The ruling will likely make it easier to prosecute individuals who break into vacant but habitable properties, such as apartments between tenants or houses on the market for sale or rent.
