State v. McNearney

OPINION

THORNE, Judge:

( 1 Joel Seott MeNearney appeals from his second degree felony conviction on one count of burglary of a dwelling, see Utah Code Ann. § 76-6-202(2) (2008), arguing that the building that he was convicted of burglarizing does not meet the statutory definition of a dwelling, see id. § 76-6-201(2). We agree, and accordingly we vacate McNearney's conviction and remand this case to the district court with directions.

BACKGROUND

{2 In January 2008, McNearney was arrested at the seene of a break-in at a recently constructed and as yet uncccupied house. McNearney was subsequently…