NEW MEXICO (KRQE) – The state court of appeals ruled a home does not have to be complete to be burglarized. The court recently upheld the residential burglary conviction of Albert Shelby, who broke into the unfinished San Juan County home of an oil worker back in 2018.
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The home was enclosed and the owner did stay there from time to time, but the owner ran out of money, and work on the inside was never done. On appeal, Shelby argued there wasn’t enough evidence showing the home was used as a living quarters, even though the owner stayed there part-time.
However, the appellate court concluded it was still used and affirmed the burglary conviction.