A Putnam County jury recently convicted a Cookeville man of aggravated robbery and burglary. Reportedly, the crimes stemmed from a dispute over property that the defendant left at an apartment he previously rented. The Herald Citizen reports that the landlord told the new tenant he could use the defendant’s property because, since the defendant still owed rent, the items were no longer the defendant’s. Allegedly, the defendant and his father came to the apartment one evening, held a screwdriver to the victim’s head, and took the defendant’s property and the victim’s property.
A person commits burglary when he, without the effective consent of the property owner:
(1) Enters a building other than a habitation (or any portion thereof) not open to the public, with the intent to commit a felony, theft or assault;
(2) Remains concealed, with the intent to commit a felony, theft or assault, in a building;
(3) Enters a building and commits or attempts to commit a felony, theft or assault; or
(4) Enters any freight or passenger car, automobile, truck, trailer, boat, airplane or other motor vehicle with intent to commit a felony, theft or assault or commits or attempts to commit a felony, theft or assault.
T.C.A. § 39-14-402. (1)-(3) are Class D felonies. (4) is a Class E felony.
An aggravated burglary is a burglary of a habitation. T.C.A. § 39-14-403. It is a Class C felony. A “habitation” means:
(A) Means any structure, including buildings, module units, mobile homes, trailers, and tents, which is designed or adapted for the overnight accommodation of persons;
(B) Includes a self-propelled vehicle that is designed or adapted for the overnight accommodation of persons and is actually occupied at the time of initial entry by the defendant; and
(C) Includes each separately secured or occupied portion of the structure or vehicle and each structure appurtenant to or connected with the structure or vehicle;
T.C.A. § 39-14-401.