Merlino v. State (Nev. Ct. App. – Sep. 10, 2015)

Under Nevada law, a person commits the crime of burglary when he or she enters a building with the intent to commit a predicate crime inside the building. The issue is whether NRS 193.0145, NRS 205.060(1), and NRS 205.060(5), which define the acts that can constitute an entry into a building for purposes of the burglary statute, encompass selling stolen property through the retractable sliding tray of a pawn shop’s drive-through window.

Merlino and her boyfriend, Byrd, befriended neighbor Wilson and would occasionally visit her in her apartment. During their visits, Merlino would sometimes bring Wilson food, clean her apartment, and run errands for her. Wilson eventually noticed that some jewelry was missing from her apartment and reported the theft, informing detectives with the Las Vegas Metropolitan Police Department that Merlino and Byrd might be responsible for the missing items. During their investigation, the detectives learned that Merlin had pawned items matching the descriptions of Wilson’s missing jewelry. Wilson identified the pawned items as belonging to her and indicated that Merlino did not have permission to possess those items. Merlino was subsequently charged by way of indictment with conspiracy to commit a crime, grand larceny, and three counts of burglary. She was convicted on all counts but on appeal challenged only her conviction on count five, one of the three counts of burglary.

Continue reading “What acts constitute an entry into a building for purposes of a burglary statute?” →