Pierre v. State

William Pierre (“Pierre”) was charged in a three-count information with sexual battery, burglary of an occupied dwelling with an assault or battery, and kidnapping. He was convicted as charged and appeals the trial court’s denial of his motion for judgment of acquittal on the burglary count. We reverse because the trial court erred in denying Pierre’s motion for judgment of acquittal on that count.

In the early morning hours of September 5, 2006, the victim 1 was sleeping on the couch and was awakened by. a man who had tied her up and covered her face. The man told her he had a gun, and he…