State v. Bozeman

JOHN E. PARRISH, Judge.

James Bozeman (defendant) was convicted, following a jury trial, of burglary in the second degree. § 569.170. 1 Defendant was charged as, found to be, and sentenced as a persistent offender. See § 558.016.3. This court affirms.

During the early morning hours of December 11, 2003, Matthew Hewitt, a college student, was studying in his bedroom. The bedroom had an outside window that was about two and a half feet above the ground. Hewitt left the bedroom. About an hour later he returned, turned on a light, and saw defendant “hanging through [his] window.” Defendant had…