State of New Hampshire v. Shawn Gilley

The defendant, Shawn Gilley, was convicted on one count of class A felony burglary. See RSA 635:1 (2007) (amended 2014). The burglary statute elevates the offense from a class B to a class A felony when it is “perpetrated in the dwelling of another at night.” RSA 635:1, II. Before trial, the defendant filed a motion to dismiss the class A felony indictment, arguing that the house he had burglarized was not the dwelling of another and, therefore, did not trigger the felony enhancement under that statute. See id. He contended that the house had ceased to be the “dwelling of another” because its…