State v. Devine

FOSHEIM, Chief Justice.

James Devine (Devine) appeals from a jury conviction for second degree burglary, SDCL 22-32-3, and habitual offender, SDCL 22-7-8. We affirm.

Phoebe Bordeaux, Devine’s aunt, lived in an apartment at the St. Charles Hotel in Pierre, South Dakota. Michel Delon, the owner and manager of the hotel, occupied an adjoining apartment. Both dwellings overlook the roof of another building. At approximately 1:15 p.m., on November 6, 1983, Mr. Delon observed broken glass and other items on the roof of the adjacent building, which he concluded came from the Bordeaux apartment. He…