State v. Nelson

OPINION

THOREEN, Judge.

Appellant Peter James Nelson challenges his conviction for first degree burglary, on the ground that no one was present in the dwelling at the time of his entry. Nelson also argues his waiver of counsel was invalid. We reverse Nelson’s first degree burglary conviction and remand for entry of judgment on the second degree burglary conviction alternatively imposed.

FACTS

On June 18, 1993, Perry and Karen Brown returned to their home in Otter Tail County and encountered appellant descending the stairs from the bedrooms. Nelson said that he was looking for a friend whom he…