Cartey v. State

GRIMES, Judge.

Appellant was convicted of breaking and entering a building other than a dwelling house with intent to commit a misdemean- or. His appeal poses the question of whether a burglary is committed by the breaking of an interior portion of a building but not its exterior. The information charged that appellant:

“did break and enter a storage area located in a portion of a building designed for use as a dwelling house but not then and there occupied as such. . . . ”

Appellant’s motion to dismiss was denied. He then entered a plea of nolo contendere reserving the right to appeal the…