Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State of North Dakota v. Trevor Lance Mertz

July 12, 2012

STATE OF NORTH DAKOTA,
PLAINTIFF AND APPELLEE
v.
TREVOR LANCE MERTZ, DEFENDANT AND APPELLANT



Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Thomas J. Schneider, Judge.

The opinion of the court was delivered by: Crothers, Justice.

N.D. Supreme Court

State v. Mertz,

2012 ND 145

This opinion is subject to petition for rehearing. [Go to Documents]

[Download as WordPerfect] Concurrence filed.

AFFIRMED.

Opinion of the Court by Crothers, Justice.

[¶1] Trevor Mertz appeals a district court criminal judgment entered after a jury convicted him of burglary. Mertz argues that (1) after the jury retired for deliberation, the district court erred by providing an incorrect and misleading answer to the jury's request for instruction on the law and that (2) the evidence presented at trial was insufficient to support the conviction. We affirm.

I

[¶2] Mertz was charged with burglary for entering his ex-girlfriend's home and taking a television. Mertz was tried by a jury and testified at trial. Mertz admitted to entering the residence and taking the television but claimed the television did not belong to his ex-girlfriend. Mertz testified the television was his and he loaned it to his ex-girlfriend for their child's use. Two witnesses called by the State testified the television belonged to Mertz's ex-girlfriend.

[¶3] After both sides rested, the jury received the following instructions on burglary:

"BURGLARY

"A person is guilty of Burglary if with intent to commit a crime, that person willfully enters or secretly remains in a building or occupied structure, or a separately secured or occupied portion thereof, at a time the premises are not open to the public and the actor is not licensed, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.