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Burg Hab Intent Felony of ACBI-FV w/Prior?

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http://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/1097024316

May 06, 2014, 17:51
Candice
Burg Hab Intent Felony of ACBI-FV w/Prior?
Has anyone ever tried a Burglary of a Habitation with Intent to Commit the Felony of ACBI-FV with a Prior? I don't see why this can't work, but I also couldn't find a case on Westlaw where it had been done.
May 27, 2014, 10:40
Candice
What about Burg Hab Intent Felony of Strangulation?
May 29, 2014, 22:01
Jon English
Hi Candice,

Glad to see you on our user forum! I've been looking for a case that is directly on point with either of these scenarios and I can't find anything either.

There are some good cases from the 1st and 14th regarding burglary with intent to commit a felony, including Coleman v. State, 832 S.W. 2d 409, and they all say that all that matters is that there was intent to commit a felony when the defendant entered the habitation. I looked at dozens of similar burglary cases and could not find anything that indicated that the felony cannot be predicated on an element such as a previous conviction or a relationship status.

Hope that helps! Let me know if there's anything else I can look in to for you on this issue!
May 30, 2014, 09:19
Brody V. Burks
There is another good analogy I just thought of- Felony Murder DWI. DWI, in and of itself, is not a felony. It's only because of prior convictions that the act of DWI is a felony. Still legally cognizable for felony murder, though.