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FOX: Rookies Most Likely to...


jimster

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Brennan was a great pick in round 6. He's a project QB for Zorn (a QB guy through and through) and if JC doesn't work out for some reason he could turn out to be a valuable pickup, especially if he gets some solid development under Zorn and Zorn stays here a while.

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...Or maybe you can't read. This may be futile' date=' but here we go:

What I said: "In real life, you don't get a felony trespass and burglary conviction unless the DA's office has reason to believe you had the intent to do something terrible."

What you quoted: "Second Degree Burglary is when you unlawfully enter a building with the INTENT TO COMMIT ANY CRIME WHILE YOU ARE THERE."[/quote']

I think you're the one with the reading problem. :doh: Second degree burglary is a felony. The DA didn't have to think anything terrible was going to happen, just that another crime (like theft, harassment, assult, battery, etc) might be commited.

If you actually took the time to read what I posted, maybe you would "get it".

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I think you're the one with the reading problem.

GAW, I'd like to keep a civil tone. I apologize for the 'can't read' comment and hope that if this discussion continues beyond my post, it is on friendly terms.

Anyway, burglary is two-pronged; unlawful entry must be proved, as well as the intent to commit another crime. Intent is far more concrete than objectively believing 'a crime might be committed'. Again, according to your source:

"Second Degree Burglary is when you unlawfully enter a building with the intent to commit any crime while you are there. You can also be charged with Second Degree Burglary if you enter a building lawfully, but then remain there when you are not legally allowed to (and have the intent to commit a crime). With Second Degree Burglary, the crime that is "intended" upon entry might be theft, but may also be assault - or some other crime against a person (rather than property). In Colorado, Second Degree Burglary is a Class Four Felony if the building is a business or other industrial or commercial property. If you commit burglary of a dwelling, it is a Class Three Felony, and subjects you to substantially harsher penalties. Second Degree Burglary also jumps to a Class Three Felony if you intended to steal a controlled substance."

According to Black's, criminal intent is defined as mens rea. Mens rea, in turn, is defined as, "The state of mind that the prosecution, to secure a conviction, MUST PROVE that a defendant had when committing a crime." 'Reasonable suspicion' (which I believe you alluded to with this comment- "...just that another crime [like theft, harassment, assult, battery, etc] might be commited."), however, can never provide the basis for a conviction. This is all a part of due process.

In Brennan's case, at best, one could say that he wasn't guilty of burglary, but pled guilty to the charge to avoid something more severe. To me, this is still pretty terrible.

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