Padilla v. State

MORRIS, Judge.

Edis Padilla appeals his convictions after a jury trial for burglary of a dwelling and possession of burglary tools. 1 We affirm his convictions but write to address his argument that the jury instruction for burglary constituted fundamental error.

At trial, the victim testified that Padilla and another man forced their way into her house through the back door. The men used power tools to remove the door knob from the door. As the men entered the house, the door alarm chimed, and' the men looked around the house for a few seconds and then left the house.

The trial court read the…