Dixon v. State

Appellant was charged with and convicted of burglary of a church office during a Sunday morning worship service. He complains that the trial court committed *1246fundamental error when instructing the jury that it could find him guilty if, at the time he entered or remained in the structure, he had a fully formed and conscious intent to commit a crime on the premises. We hold that the instruction given did not constitute fundamental error because there was evidence that appellant surreptitiously remained on the premises with the intent to commit the offense.

The church in question consists of a…