State v. Scott
948 So.2d 1159, 2007 WL 163070 (2007)
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Rule of Law:
For a conviction of aggravated burglary, the specific intent to commit a felony or theft therein must exist at the moment of the unauthorized entry. The act of causing property damage during the entry itself cannot serve as the sole proof of the separate element of felonious intent.
Facts:
- Jason Scott and his wife, Jennifer, were separated, and Jennifer was living with her parents, the Harknesses.
- Jennifer gave Scott permission to use her Toyota 4Runner, which was parked in the garage at her parents' home.
- Mr. Harkness, Jennifer's father, had made it clear that he did not want Scott coming to the house.
- Scott went to the Harkness residence to get the vehicle, but Jennifer's aunt, Mrs. McClure, who was inside, refused to let him in or open the garage.
- After being denied entry, Scott forcibly broke down the locked front door, causing approximately $3,500 in damage.
- Once inside, Scott moved through the house toward the garage, grabbing Mrs. McClure's wrist and shoving her into a laundry room.
- In the garage, Scott shoved Mrs. McClure to the floor when she tried to prevent him from leaving.
- Scott then got into the 4Runner and sped away from the residence.
Procedural Posture:
- The State of Louisiana charged Jason Aaron Scott by bill of information with aggravated burglary.
- A jury in the trial court found Scott guilty as charged.
- The trial court subsequently adjudicated Scott as a second felony offender based on a prior conviction.
- The trial court sentenced Scott to 15 years at hard labor.
- Scott appealed his conviction and sentence to the Court of Appeal of Louisiana, Second Circuit, arguing insufficiency of the evidence.
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Issue:
Does the evidence support a conviction for aggravated burglary when the defendant's sole proven purpose for an unauthorized entry was to retrieve a vehicle he had permission to use, even if the entry itself caused felony-level property damage?
Opinions:
Majority - Moore, J.
No. The evidence is insufficient to prove Scott possessed the specific intent to commit a felony at the moment of entry, which is an essential element of aggravated burglary. The crime requires two distinct elements: (1) an unauthorized entry and (2) the specific intent to commit a felony or theft therein. The state argued that the felony-level damage to the door during the entry satisfied the second element. However, the court held that the unauthorized entry and the felonious intent are separate elements, and the act constituting the entry cannot also be used to prove the intent to commit a felony inside. The evidence showed Scott's purpose was to retrieve the vehicle, which he had permission to use, negating any intent to commit theft. There was no evidence he formed the intent to batter Mrs. McClure or cause other property damage before entering the home.
Analysis:
This decision reinforces the strict separation between the 'unauthorized entry' element and the 'intent to commit a felony therein' element in burglary statutes. It clarifies that the felony intended cannot be the property damage that is an integral part of the forced entry itself. This holding prevents prosecutors from bootstrapping a burglary charge onto a trespass that involves property damage, requiring them instead to present distinct evidence of a separate felonious intent that exists at the moment the defendant crosses the threshold.
