State v. Hardy

On the record, the defendant is guilty of a violation of section 45-6-203, MCA, criminal trespass to property, and perhaps a violation of section 45-6-101, MCA, criminal mischief and nothing more.

There is no evidence to support his conviction of burglary under section 45-6-204, MCA.

As noted in the majority opinion, the offense of burglary is committed when a person knowingly enters or remains unlawfully in an occupied structure “with the purpose to commit an offense therein.” Section 45-6-204, MCA. The State proved the defendant’s unlawful entry, but it failed to prove his purpose to commit…