Commonwealth v. Cannon

Summary

The Pennsylvania Superior Court held that the evidence was sufficient to sustain Frederick Cannon’s conviction for attempted burglary but insufficient to sustain his conviction for criminal trespass of a building or occupied structure. The court affirmed the attempted-burglary sentence, vacated the criminal-trespass sentence, and discharged Cannon as to that offense.

Holdings

1. The evidence was sufficient to permit the factfinder to infer that Cannon intended to enter the Jaffe house and commit theft after entering, and therefore supported the attempted-burglary conviction.
2. A fenced backyard is not a building, occupied structure, or separately secured or occupied portion thereof within the meaning of 18 Pa.C.S. § 3503(a); therefore, breaking into the backyard did not establish criminal trespass of a building or occupied structure.

Questions Presented

1. Whether the evidence was sufficient to prove that Cannon intended to enter the Jaffe residence and commit a crime, supporting his conviction for attempted burglary.
2. Whether breaking into a fenced backyard constituted breaking into a building, occupied structure, or separately secured or occupied portion thereof under Pennsylvania's criminal-trespass statute.
3. Whether the evidence was sufficient to support the conviction for criminal trespass of a building or occupied structure.

Disposition

other