P. v. Aubuchon CA1/2
Defendant Gene Aubuchon was convicted by a jury of first degree burglary. At trial, Aubuchon admitted he entered the victim’s home but claimed to have done so at the invitation of a person he assumed was the owner of the home. After realizing this person was not the owner, and while already inside the victim’s garage, Aubuchon decided to steal the victim’s purse and other belongings. He then entered the foyer of her home, in possession of her things, but did so in order to leave the home and not to steal anything else. His counsel argued he did not commit a burglary because the evidence showed he neither entered the home, nor any room in it, with the intent to commit theft. On appeal, Aubuchon challenges his burglary conviction, claiming the trial court erred in responding to a question posed by the jury during deliberations concerning the intent element of burglary. He also argues that in any event, the court should have provided additional instructions to the jury. We disa
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