Justice v. State

SHEPARD, Chief Justice.

A jury found appellant Terry Justice guilty of burglary, a class B felony, Ind. Code § 35-43-2-1 (Burns 1985 Repl.) The trial court sentenced him to twenty years in prison.

Justice raises three issues on direct appeal, but we need consider only one: whether the evidence is sufficient to establish intent to commit theft. It is not.

On May 11, 1985, at approximately 2:45 a.m., a crashing noise awakened Tammy Bryant. She heard someone trying to enter her house. Bryant turned on a lamp and telephoned her parents. While her father drove to her house, she continued to speak to…