December 13, 2006, 09:31
joepa722burglary of hotel room - building or habitation??
I have a burglary of a hotel room where the resident was a long term guest. Is this burglary of a builging or habitation.
Thanks.
December 13, 2006, 09:48
P.D. Ray30.01 - Habitation means a structure or vehicle that is adapted for the overnight accomodation of persons, and includes: each separately secured or occupied portion of the structure or vehicle; and each structure appurtenant to or connected with the structre or vechile.
Each room in the no-tell motel counts as a habitation. Even the sanctified bedchamber of the fifth wheel dragging along behind the El Camino is a habitation.
If you've got an "I-cook-meth" shack as a lean-to on the back side of Swogholler and Hernando's Hideaway Shack and Bait Shop with a cot in the back for Billy Jean and her gentleman-caller-of-the-hour, I think that as long as you can prove "overnight accomodation" you're in business as a habitation.
Just because there's an alternative sherry transfer mechanism in the pocket shower stall of the RV, that don't mean it ain't no home. Ain't that right, uh-huh?
December 13, 2006, 13:13
jwsYes, but if it's a meth cooking shack or a cot in the back of the bait shop, we just might not be as offended and might see fit to plead someone to burglary of a building.
I once looked at a rental house in Houston that had what the homeowner actually referred to as the "crazy aunt shed." It looked a lot like a detatched garage, even though there was a built-in bed in it. I'd have called that a building, too.