Citation of Case
Court of Appeals of New Mexico, State v. Tixier, 551 P.2d 987 (1976), 89 N.M. 297.
Parties
Plaintiff-Appellee: State of New Mexico.
Defendant-Appellant: Arthur Ray Tixier.
Facts
Arthur Ray Tixier appealed a burglary conviction stemming from an incident at an auto store with a burglary alarm system. The alarm sounded as an object broke a light beam, and police responded quickly to find a four-by-eight-inch hole in the garage door near the opening mechanism. The defendant was found hidden behind stacked tires, which were located after a door piece was removed from his person.
Notably, the burglary transpired after the store’s closing hours. The direct evidence was lacking that the defendant’s body entered the store. The court upheld the conviction, holding that any slight instrument that enters a building and breaches the security plan constitutes sufficient evidence of entry for a burglary charge.
Issue
The key issue was whether the evidence presented was sufficient to prove that a burglary conviction was a valid outcome of an unauthorized entry.
Holding
The court affirmed the burglary conviction.
Reasoning
Something had been crossing over the beam of light inside the going-through for a four-by-eight-inch hole near the garage door, triggering the burglary alarm system. The state argued that the defendant reached into the hole to open the locked door that had set off the alarm. Although the evidence established that no part of the defendant’s body moved inside, the reasonable inference is that some unidentified instrument the defendant used crossed the light beam and tripped the burglary alarm. The court held that any instrument penetration into the interior of the building constitutes evidence of entry for burglary. Burglary is considered an offense against building security, and breaching this safety by any entry of an instrument into a building equals an entry under the statute relating to similar offenses.
Disposition by Court
Affirmed.
Work Cited
Court of Appeals of New Mexico, State v. Tixier, 551 P.2d 987 (1976), 89 N.M. 297.