State v. Washington

THOMAS H. NEWTON, Judge.

Mr. Antwone Washington appeals from a judgment convicting him of first degree burglary and stealing. We reverse Mr. Washington’s conviction for first degree burglary, enter a conviction for second degree burglary, and remand the case for re-sentencing. In all other respects, we affirm.

I. Factual and Procedural Background

Mr. Washington’s conviction stems from an incident at the residence of Ms. Mary Vannice. On August 18, 1999, Ms. Vann-ice’s neighbor, Mr. Steve Nelson, observed an unfamiliar man walking toward the Vannices’ open garage. Moments later, Mr. Nelson…