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.
What about Burg Hab Intent Felony of Strangulation?
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!
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.
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