Case Brief: State v. Goldenbaum
Case Name and Citation
State (R) v. Goldenbaum (At), 294 S.C. 455, 365 S. E.2d 731 (1988)
Procedural History
At trial in the General Sessions Court, Goldenbaum was charged and convicted of first-
degree burglary and attempted first-degree sexual conduct. Goldenbaum appealed the conviction to the Supreme court.
Facts
Goldenbaum was convicted of first-degree burglary and attempted first-degree sexual conduct, after being arrested. Appellant lived across the hall from the victim in an apartment complex. Goldenbaum broke into and entered the victim's apartment at night,
wielding a knife. The appellant argues the apartment should be defined as a building and dwelling. The trial judge denied the appellant's requested instructions on second and third-degree burglary. The trial judge only instructed the jury of first-degree burglary
elements.
Issues (questions presented)
1
Is the apartment a building as defined by S.C. Code Ann. § 16-11-310 (1987)?
2
Should the trial judge have instructed the jury on the elements of each burglary degree as defined by S.C. Code Ann. § 16-11-310 to 16-11-313 (1987)?
Holding
1) No, the victim's apartment was unquestionably a "dwelling" as defined by S.C. Code. Ann. $ 16-11-10 (1976) and S.C. Code Ann. § 16-11-310 (1987).
2) No, the evidence presented determined the charge of First-degree Burglary as defined by S.C. Code Ann. § 16-11-311 (1987).
Analysis (Rationale)
First-degree burglary is the entry of a dwelling at night without consent. Second-degree burglary is the entry of a dwelling during the day or building at night without consent. Third-degree burglary is the entry of a building during the dav.
