State v. Hobgood

GREENE, Judge.

On 31 January 1992, a jury found Brian Keith Hobgood (defendant) guilty of one count of second-degree burglary, and defendant was sentenced to a term of twenty-five years. Due to lack of accurate transmittal of court documents to the Office of the Appellate Defender, defendant lost his right to appeal. On 9 September 1992, the Office of the Appellate Defender filed a petition for writ of certiorari in this Court. On 17 September 1992, the petition was allowed.

For the purposes of this appeal, it is not disputed that on 8 February 1991, defendant broke and entered, at night, a…