Higgs v. State

Michael D. Higgs, Sr. (“Higgs”) timely appeals his conviction for trespass on a construction site, a third-degree felony.1 He argues that the trial court erred by denying his motion for a judgment of acquittal and failing to properly instruct the jury on the offense. We agree and reverse.

On January 31, 2012, Higgs and his son entered a gated construction site at ESPN’s Wide World of Sports, where they loaded scrap metal onto their pickup truck. This occurred in broad daylight, in sight of a number of workers. Higgs and his son were stopped on their third trip to the site. Higgs claimed that…