State v. Fernandes

OPINION

We address here the propriety of jury instructions for the crime of breaking and entering. The defendant, Armando C. Fernandes, appeals from a judgment of conviction on one count of breaking and entering in violation of G.L. 1956 § 11-8-2 and one count of assault in violation of G.L. 1956 § 11-5-3. Although a single justice of this Court ordered the parties to show cause why this appeal should not be decided summarily, they have not done so. Therefore, we proceed to decide the appeal at this time.

After a jury trial, the Superior Court sentenced defendant to ten years on the breaking…