People v. Burnett CA2/6

Facts Appellant lived with his mother, Lucinda Warren, at her home. Warren was hospitalized for about one month. When she returned home, she noticed that a gun and two ammunition clips were missing from her bedroom. There was no sign of a forced entry into the residence. Warren believed that appellant had taken the gun and clips. That evening, Warren heard appellant outside "hollering to open up" the door. Warren opened the door and saw that appellant "could barely stand up, and his eyes was [sic] rolling in his head." Warren asked appellant if he was "high." Appellant replied, " 'You fucking right.' " Appellant walked inside with a crossbow and arrows in his hands. He ascended the stairway to the second floor. At the top of the stairway, appellant "hollered": " 'You better not fuck with me. . . . I'll be down there to get your ass.' " Warren believed that appellant "was high out of his mind." She "got very scared" because he was carrying a crossbow and arrows and she was convinced that he had taken her gun. Warren "was scared he was going to come down[stairs] and get me." She did not go upstairs and try to talk with appellant because "he probably would…