Joshua Howell v. State of Indiana

VAIDIK, Chief Judge.

Case Summary, [1] At the time of the crime in this case, burglary was generally a Class C felony but was a Cl^ss B felony if the building or structure was a ■ “dwelling,” The State charged Joshua Howell with Class B felony burglary for breaking into a house just hours after the sole occupant was found dead inside. We find that it is reasonable to construe “dwelling” to' include buildings and' structures that have been occupied in the immediate past by a recently deceased resident.- This is because even after the sole occupant- of a house dies, it is common and' expected…