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McKENZIE v. STATE

No. 28, Sept. Term, 2008.

962 A.2d 998 (2008)

407 Md. 120

Patrick G. McKENZIE v. STATE of Maryland.

Court of Appeals of Maryland.

December 30, 2008.

Attorney(s) appearing for the Case

Amanda M. Downs, Assistant Public Defender (Nancy S. Forester, Public Defender, on the brief), Baltimore, for petitioner.

Jeremy M. McCoy, Assistant Attorney General (Douglas F. Gansler, Attorney General of Maryland, on the brief), Baltimore, for respondent.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS, and BARBERA, JJ.

BARBERA, J.

We decide in this case whether an apartment that is between tenancies is a "dwelling," as that term is used in Maryland's fourth degree burglary statute, Maryland Code (2002), § 6-205(a) of the Criminal Law Article ("CL"). For the reasons that follow, we answer "yes" to that question, and, as a consequence, affirm the fourth degree burglary conviction of Petitioner, Patrick McKenzie.

I.

Apartment 14 is located within the rental complex...

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