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State v. Colvin

Minnesota Supreme Court

645 N.W.2d 449 (Minn. 2002)

Relevant factsFree

Michelle Colvin had a protective order against her ex-husband, Peter Colvin (defendant), barring him from contacting her or entering her home. Peter had already violated the order twice, making a third violation a felony. When a girl living with Michelle came home, she found Peter inside the house watching television. The State charged Peter with burglary, using his felony violation of the protective order -- based on that same entry -- as the underlying felony, and the trial court convicted him; the court of appeals affirmed.

IssueFree

Whether a single act of entering a residence in violation of a protective order can serve both as the illegal entry required for burglary and as the separate underlying felony required for burglary.

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