Rivers v. State

I respectfully dissent from the majority’s denial of the petition for writ of certiorari. I think the trial court should have granted Rivers’s motion to quash the indictment.

The indictment charged Rivers with burglary in unlawfully entering a dwelling “with intent to commit a theft or felony therein.” The State presented no evidence of intent to commit a theft, but it did present evidence of intent to commit a sexual offense. After the State’s case, Rivers moved for an acquittal on the grounds that there was no evidence of intent to commit theft and insufficient evidence of intent to commit…