Burwell v. State

SHIELDS, Presiding Judge.

ISSUE

The sole issue on appeal is whether Bur-well's conviction of burglary as a class B felony is erroneous because the burglarized apartment does not constitute a "dwelling" within the meaning of IC 35-48-2-1 (Burns 1985).

We affirm.

FACTS

On July 6, 1984, Russell Burwell was arrested and charged with burglarizing the apartment of Vicky Wilcox as a class B felony. 1 Ms. Wilcox's apartment was located in the Greentree complex, the same housing development where Burwell resided. Wilcox was casually acquainted with Burwell.

Around 9:80 p.m. on the evening of the burglary,…