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MOOLENAAR v. GOVERNMENT OF THE VIRGIN ISLANDS

D.C.Crim.App. No. 1995/112. T.C.Crim. No. F57/1995.

948 F.Supp. 487 (1996)

Roy MOOLENAAR, Appellant, v. GOVERNMENT OF THE VIRGIN ISLANDS, Appellee.

District Court, Virgin Islands, Appellate Division, D. St. Thomas and St. John.

Decided November 25, 1996.

Attorney(s) appearing for the Case

Alan D. Smith, Kathleen MacKay, Hodge & Francois, St. Thomas, U.S.V.I., for Appellant.

Maureen Phelan Cormier, Assistant Attorney General, Virgin Islands Department of Justice, St. Thomas, U.S.V.I., for Appellee.

Before THOMAS K. MOORE, Chief Judge, District Court of the Virgin Islands; RAYMOND L. FINCH, Judge of the District Court of the Virgin Islands; and EDGAR D. ROSS, Territorial Court Judge, Division of St. Croix, Sitting by Designation.

OPINION OF THE COURT

PER CURIAM.

Appellant, Roy Moolenaar ["Moolenaar" or "appellant"], appeals his conviction of burglary in the second degree. Appellant's conviction is reversed and remanded.

FACTUAL BACKGROUND

Shortly after midnight on February 18, 1994, police responded to a report of a breaking and entering at No. 27 Ross-Taarneberg, St. Thomas, Virgin Islands. At the time of the breaking and entering, the residence was occupied by...

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