State v. Culbreth

LANSING, Judge.

Coreen Rae Culbreth challenges her conviction for burglary on the ground that the State did not prove the mental element of the offense. She asserts that the trial evidence did not establish that she entered into a building with the intent to commit a theft. We agree, and therefore we reverse.

I

BACKGROUND

The State charged Culbreth with misdemeanor malicious destruction of property, Idaho Code § 18-7001, 1 and with a felony burglary, I.C. § 18-1401, for allegedly having broken into an animal shelter with the intent to commit theft. The following facts were established at trial. A…