State v. Martinez

LANSING, Judge.

The State of Idaho appeals from an order of the district court granting Rubio Alejandro Martinez’s motion to dismiss an information charging him with burglary, I.C. § 18-1401, by having aided and abetted the commission of burglary by an accomplice. At issue is whether Martinez’s accomplice committed burglary when he reached through an open window of a truck and stole a cassette player from within. We hold that this act did not fall within the statutory definition of burglary, and we therefore affirm the district court’s order dismissing the information.

The facts of this case…