Man Convicted of Burglary for One Bottle of Vodka

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In the case of State v. Oberdick, a man appealed a jury decision convicting him of the burglary, for an alleged breaking and entering of his acquaintance’s apartment while he was away on vacation. To prove the crime of burglary in the second degree, under Connecticut law  the State must prove (1) that the man entered or remained unlawfully in a dwelling, (2) that such occurred at night and (3) that the man intended to commit a crime therein.

The man was seen kicking in the door of an acquaintance's apartment while his companion kept a lookout. When police arrived on the scene, the man was found with a full bottle of vodka in his pocket. The man was convicted of conspiracy and burglary and on his appeal, the court affirmed. The court held that the evidence was sufficient to support the man’s conviction for conspiracy to commit burglary in the second degree in violation of Connecticut law. There was ample evidence from which the jury could have found that the man intended to commit the burglary and that he and his companion agreed to conspire to achieve that illegal end where the man and his companion, who had been drinking all day and had consumed all of their own liquor, knew that the acquaintance had a store of liquor in his apartment and was on vacation. In addition, the man had been seen kicking the door while his companion was the lookout. Similarly, the man’s conviction for burglary in the third degree in violation of Connecticut law was proper, particularly where the man did not have permission to enter the apartment or take the acquaintance's liquor.

The court upheld the man’s conviction. “Evidence demonstrated that as [the companion] stood by and kept a lookout, the [man] kicked open the front door of [the acquaintance’s] apartment building. While he did so, he intermittently looked around to check if any passersby were observing him. The [man] did not have permission either to enter the building or to avail himself of [acquaintance] belongings therein. Once he kicked the door open, the [man] entered the building, forcibly gained entry through an interior door to the second floor and proceeded to [the acquaintance’s] storage room, wherein a stash of vodka was stored. When police officers arrived, they found the [man] with a full bottle of vodka in his pocket” said the court. “The jury was free to draw from that evidence of the defendant's conduct reasonable inferences concerning his intent.”

Maya Murphy P.C. has the resources and expertise to offer you the best possible representation throughout the criminal process. If you are facing criminal charges or wish to appeal your case, please call the offices of Maya Murphy, P.C. today at (203) 221-3100 or Joseph C. Maya, Esq. at JMaya@Mayalaw.com.

Source: State v. Oberdick, 74 Conn. App. 57, 810 A.2d 296, 2002 Conn. App. LEXIS 616 (Conn. App. Ct. 2002)