Andre T. Joseph v. State

Andre Joseph, the defendant below, appeals from his judgment and sentence for burglary of a dwelling. He raises two intertwined issues on appeal, and we find merit as to both and reverse for a new trial.

The evidence at trial revealed that the defendant used to collect scrap metal with the victim. On the day of the charged burglary, the defendant called the victim and asked him if he was home. The victim informed him he was at work. Later that day, the victim’s wife arrived home from work and observed the defendant and another man attempting to carry an engine block out of the carport. The…