State v. Holt

OPINION

NAKAMURA, Justice.

{1} Anthony Holt had partially removed a window screen from a residential dwelling when he was detected by the homeowner and fled. In the process of removing the screen, he placed his fingers behind the screen and inside the outer boundary of the home. Holt was subsequently arrested and charged with breaking and entering, in violation of NMSA 1978, Section 30-14-8 (1981). An “unauthorized entry” is an essential element of this offense. Section 30-14-8(A). We must decide whether Holt’s conduct constitutes an “entry.” It does. Accordingly, we affirm Holt’s conviction.…