State v. Bottoni

OPINION

HATHAWAY, Judge.

Appellant was tried for first-degree murder, burglary in the first degree, endangerment and two counts of aggravated assault. He was convicted of endangerment, a misdemeanor, and acquitted on both counts of aggravated assault. The burglary and murder counts resulted in a hung jury. On his retrial on those two counts, the court instructed the jury as to felony murder, and he was convicted of second-degree murder.

Appellant contends that he could not be retried on the murder and burglary charges. To commit burglary, one must enter the structure with the intent to commit…