P. v. Simonian CA2/4
A jury convicted appellant Artin Simonian of burglary and felony vandalism, based on his forced entry into a residence by breaking two glass doors. Appellant claims the jury lacked sufficient evidence to find that he entered the residence with the intent to commit theft, and therefore that his conviction for burglary must be reversed. He also contends the trial court erred by applying an incorrect standard when it denied his motion for a new trial. Finally, he requests correction of several errors in the abstract of judgment.
We hold that sufficient evidence of intent supports the jury’s verdict. However, we conclude that the trial court employed the incorrect standard when ruling on appellant’s new trial motion. We therefore reverse the court’s order denying that motion and remand to allow the trial court to properly consider it. Additionally, we direct the trial court to correct the errors in the abstract of judgment, to the extent they are relevant following remand.
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