Lacey v. Commonwealth

HALEY, Judge.

I. INTRODUCTION

Michael Eugene Lacey appeals his convictions for statutory burglary and third or subsequent offense petit larceny. Lacey maintains (1) the evidence of statutory burglary was insufficient since it showed he entered a dwelling house through an open garage door, and (2) the trial court erred in denying his motion for mistrial where a jury verdict form improperly referenced prior larceny offenses contrary to the stipulation of the parties. We find his first argument persuasive and reverse the statutory burglary conviction and dismiss the indictment. We hold his second…