Hardwick v. State

Appellant, Jerry Hardwick, appeals his convictions for burglary of a building and possession of burglary tools. We affirm the trial court’s denial of Hardwick’s motion to dismiss, but reverse the court’s denial of Hardwick’s motion for judgment of acquittal on the charge of possession of burglary tools, because the evidence did not establish that he intended to use the tool found in his possession to commit a burglary or a trespass.

The state did not put on any evidence of forced entry, but only evidence that Hardwick carried wire cutters in order to cut copper tubing and electrical wiring…