Monday, February 6, 2012

Colorado Court of Appeals People v. Wartena 08CA0675

   People v. Wartena holds that under Colorado law, a suspect need not intend to commit another offense (in this case, theft) prior to unlawfully entering a building in order to commit burglary.  The intent may be formed after unlawfully entering, while unlawfully remaining in the building.  The decision notes that this wasn't the case in 1999, but the burglary law has changed since then.  The defendant in this case hid in a barn while running from the cops (after stealing a license plate, shooting at a witness, and getting in a fatal car crash with a passer-by).  He was arrested the next day, after leaving the barn (wearing a pair of boots that he found inside).

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