Legal Opinion
McKenzie v. State
Court of Appeals of Maryland
Decided December 30, 2008No. 28, Sept. Term, 2008PublishedCited by 17 opinions
1Opinion of the CourtBarbera, J.
We decide in this case whether an apartment that is between tenancies is a “dwelling,” as that term is used in Maryland’s fourth degree burglary statute, Maryland Code (2002), § 6-205(a) of the Criminal Law Article (“CL”). For the reasons that follow, we answer “yes” to that question, and, as a consequence, affirm the fourth degree burglary conviction of Petitioner, Patrick McKenzie.
I
Apartment 14 is located within the rental complex known as Pepper Tree Farm, in Montgomery County, Maryland. On September 4, 2007, the day in question, no tenant currently resided in that apartment. The most…
2Cases cited20 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Robinson v. StateCourt of Appeals of Maryland · 1999
- Warfield v. StateCourt of Appeals of Maryland · 1989
- Richmond v. StateCourt of Appeals of Maryland · 1992
- DENO CONSTANTINE KANARAS v. StateCourt of Special Appeals of Maryland · 1983
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3Cited by17 opinions
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- Hobby v. StateCourt of Appeals of Maryland · 2014
- Jeisson Uribe v. Jefferson Sessions IIICourt of Appeals for the Fourth Circuit · 2017
- Spencer v. StateCourt of Appeals of Maryland · 2011
- United States v. Jose HenriquezCourt of Appeals for the Fourth Circuit · 2014
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