Phillips v. State

Phillips and Peterson were charged in a single information with two counts of First-degree burglary (Counts I and II) and one count of theft (Count III) arising out of break-ins at two residences. A jury found both guilty on all three counts and judgment was entered accordingly.

We reverse.

The evidence most favorable to the State is that deputy sheriffs responded to a call from a neighbor who had seen one man (Phillips) approach the front door of a nearby house (due to building style he could not see the door) and not reappear, and who, a couple of minutes later, had seen a car that had been…