Shane Keller v. State of Indiana

DICKSON, Justice. ,

Following a jury trial, the defendant-was convicted of two counts of Class B felony *1207Burglary for breaking and entering into a farmhouse. Because the jury instruction’s expansion of the statutory definition of a “dwelling” for purposes of Class B' felony Burglary included misleading language and invaded the province of the jury, we direct the trial court to change the Class B felony Burglary convictions to Class C felony Burglary' convictions and to resen-tence the defendant accordingly.

The defendant, Stone Keller, was con-yieted of eight .felonies—three .counts.,of…