People v. Sowell CA2/8

FACTS AND PROCEDURE

The victim, Brian Happy, testified that on June 19, 2013, he left his home about 11:30 a.m., locked the front door, and set his alarm system. That afternoon about 1:00 p.m., he received a telephone call from someone at the company monitoring his alarm, informing him that his home had been burglarized. Shortly afterwards, Happy returned home and discovered that his large plasma television, which had been in his living room, was missing. The television cost $2,713. Happy testified that he had not placed any trash cans or property out on the sidewalk. He further testified that he did not give Sowell or Palmer permission to take his television. Happy estimated the plasma television weighed between 50 and 100 pounds. When Happy returned home, he noticed that his front door was damaged, suggesting a forced entry. The front door had paint removed, and the marks appeared to have been made by a prying tool. Additionally, wood was separated from the door. The door looked as if someone had forcefully kicked it.

Jurors were instructed on mistake of fact.

2 The director of operations at the alarm company, Jeffrey Butler, testified that Happy’s alarm was triggered…