People v. Fuentes

Opinion by

Judge CASEBOLT.

The main issue in this criminal case is whether defendant, Andrew Gabriel Fuentes, can be convicted of two counts of first degree burglary when he committed only one unlawful entry but assaulted two people. Because we conclude that burglary is an offense against property and that the General Assembly intended the additional element of assault in the first degree burglary statute to modify and aggravate the crime of burglary and not to change the gravamen of it, we vacate defendant's conviction for one count of first degree burglary and remand for correction of the…