State v. J.P.

*890¶1

Schultheis, J.

— J.P. was caught crawling out of the window of a vacant home, which was being prepared for sale. He was charged with and adjudicated guilty of residential burglary. He challenges the sufficiency of the evidence, claiming that because the State did not sufficiently establish that the witness it called had authority over the premises, it did not prove unlawful presence or entry. He also claims that he may assert abandonment of property, a defense in the criminal trespass statute, because that defense negates the unlawful entry and presence element of the crime, which is common…