Melahn v. State

Shawn Melahn appeals his conviction for accessory after the fact to burglary of a structure. We reverse.

Melahn was charged with accessory after the fact to burglarizing a pet shop from which his roommate stole a Panther Chameleon. Melahn testified that on the night of the burglary, his roommate woke him up and asked for a ride to the roommate’s girlfriend’s residence. Melahn agreed to taking his roommate, but according to Me-lahn’s testimony, he slept in the passenger seat while his roommate drove. He testified that he did not wake up until his *930roommate began driving erratically, which would…