Philip G. Cappello v. State

Philip Cappello appeals his conviction and sentence for burglary of a structure with an assault and a weapon. Cappello contends that the trial court erred when it denied his motion for judgment of acquittal because the 7-Eleven he robbed was open to the public, and he did not enter an area that was off limits to patrons. We agree and reverse.

Cappello was charged with burglary' of a structure with an assault and a weapon, and robbery with a weapon and a mask after entering a 7-Eleven store and demanding money from a store employee, Rehan Baig, at gunpoint. 1 Baig was working at the cash…