State v. McPherson

¶1

Sutton, J.

Justin Dewayne McPherson appeals his jury trial convictions for second degree burglary, residential burglary, and second degree malicious mischief. He argues that (1) the evidence was insufficient to support the residential burglary conviction because there was no proof that the premises he entered, a jewelry store with an attached apartment, was a “dwelling” and (2) the accomplice liability statute is overbroad because it criminalizes constitutionally protected speech. We hold that under the facts of this case, the question of whether the jewelry store and attached apartment was…