Patterson v. State
729 N.E.2d 1035 · 2000
Facts
Around 4:00 a.m. on December 6, 1997, eighty-two-year-old Julia Maciejewski was awakened by the sound of breaking glass. She investigated and found a broken window in her sunroom, glass on the floor, and blood on the curtains. After she called the police, they discovered Samuel Patterson at the back of her house. Patterson fled on foot but was apprehended, bleeding, and commented that he knew he should not have broken the window. Maciejewski identified Patterson as a man who had previously come to her door looking for work.
Issue
Was there sufficient evidence to prove Patterson's intent to commit theft, an essential element for his attempted burglary conviction?
Holding
The court reversed Patterson's attempted burglary conviction due to insufficient evidence of intent to commit theft and remanded the case with instructions to enter a conviction for residential entry.
Rule
To convict for attempted burglary with theft as the underlying felony, proof of illegal entry alone is insufficient; there must be corroborating evidence pointing to an intent to commit a specific felony. While touching, disturbing, or approaching valuable property inside the premises can infer intent, such evidence is often absent when the criminal endeavor is thwarted before entry or further action. Flight alone, combined with illegal entry, is not sufficient to establish intent to commit theft.
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