834 S.E.2d 530
Va. Ct. App.2019Background
- Appellant Yorhonda Pooler occasionally stayed overnight at Marcus Morris’s mobile home (owned by Jamal Hasan‑Bey), kept some personal items there, had a key, and helped pay utilities, but maintained a separate residence in Norfolk.
- On February 22, 2018, Pooler and an unknown female kicked in the mobile home’s front door despite not being invited; a fight ensued in which Pooler bit L.S.; all parties eventually left in their vehicles.
- Pooler was tried in a bench trial and convicted of assault and battery and statutory burglary (Code § 18.2‑91); sentenced to 12 months (assault) and 3 years (burglary).
- At trial Pooler argued she resided at the mobile home and thus could not be guilty of burglary because the dwelling was not "of another" and she had permission to enter.
- The trial court found Pooler did not reside there, lacked permission to be present that night, and that kicking in the door constituted a breaking; Pooler appealed challenging sufficiency of evidence for the burglary conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the residence was a "dwelling of another" (right to occupy) | Pooler: she resided/cohabited there so it was not "of another" | Commonwealth: Pooler had no possessory interest or legal right to occupy | Court: Pooler had no estate or special legal right to occupy; dwelling was "of another" |
| Whether a "breaking" occurred (permission to enter) | Pooler: had a key, personal effects, and sometimes stayed there so she had permission; no breaking | Commonwealth: any permission was conditional; Morris did not invite her that night and door was kicked in (actual force) | Court: evidence supported lack of permission that night and actual breaking by force; burglary element satisfied |
Key Cases Cited
- Turner v. Commonwealth, 33 Va. App. 88 (2000) (burglary protects security of another’s habitation; must be dwelling "of another")
- Justus v. Commonwealth, 274 Va. 143 (2007) (one may not burglarize a home in which one has a right to occupy)
- Lay v. Commonwealth, 50 Va. App. 330 (2007) ("breaking" may be actual or constructive)
- Clarke v. Commonwealth, 66 Va. (25 Gratt.) 908 (1874) (definition of burglary requires breaking and entering of another’s house)
- Johnson v. Commonwealth, 221 Va. 872 (1981) (slight force or pushing open a door can constitute an actual breaking)
- Snyder v. Commonwealth, 220 Va. 792 (1980) (permission to enter negates the breaking element)
- Jones v. Commonwealth, 279 Va. 295 (2010) (permission or authorization to enter may be negated by the entrant’s intent)