Sunday, November 17, 2013

State v. Colvin case brief

State v. Colvin case brief summary
645 N.W.2d 449 (Minn. 2002)

Defendant moved to dismiss the charge against him of one count of first-degree burglary arising out of his entry into the home of his ex-wife in violation of an order for protection (OFP). The district court denied the motion and found defendant guilty of first-degree burglary. The Court of Appeals, Minnesota, affirmed and defendant appealed.

Following entry into his ex-wife's residence, defendant was charged with violating his OFP and with first-degree burglary in violation of Minn. Stat. § 609.582, subd. 1(a) (2000). The parties stipulated to the facts in the police report and complaint and agreed that there were no allegations that defendant committed or attempted to commit any crime independent of the OFP violation. The OFP prohibited defendant from entry into his ex-wife's residence. The district court found defendant violated the no-entry provision of the OFP, but made no finding that defendant had engaged in any other conduct prohibited under the OFP.


  • The supreme court noted that the case was before it on stipulated facts, and that it was not called upon to determine what intent could be inferred by defendant's presence in his ex-wife's residence. 
  • The supreme court found that on the stipulated facts there was no allegation that defendant committed or intended to commit a crime other than a violation of the OFP prohibition against entry onto his ex-wife's residence, and held that the unauthorized entry in violation of the OFP could not, alone, be the basis for a burglary charge.

The supreme court reversed the judgment of conviction.

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