Jones v. State

Jones is guilty of burglary of an unoccupied dwelling. I disagree to the affirmance of the conviction for armed burglary and concomitant twenty-two year sentence. There are no facts in the record supportive of the officer’s statement that the defendant took a firearm, or the jury’s conclusion that the defendant armed himself in the course of the burglary.

The majority opinion sets forth a fair statement of the facts. I would note, however, that the appellant’s so-called admission to “taking” the gun was actually the arresting officer’s conclusory account. According to the officers Jones…