State v. Contrera

167 P.3d 966 (2007)

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Nature of the Case

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Facts

D checked into a Motel 6 at 3:30 one afternoon and paid for a room. He was assigned Room 125 and was given a plastic key card, but the key card did not have a room number on it. D was very intoxicated when he checked in and he left his identification at the front desk. At 4:45 p.m., the police were called to the Motel 6 because someone had thrown a heavy trash can through the window of Room 121. Room 121 was four doors down from Room 125. Police arrived and ordered the person inside the room to come put. D came out from the bathroom area. He did not have his shoes on and he was obviously intoxicated. When told that he was under arrest, D offered to pay for the window. The officer found nothing broken or damaged in the room, other than the broken window, and nothing had been stolen. D's key card was found on the ground outside of Room 121. The officer confirmed that the key opened Room 125. D was indicted on one charge of breaking and entering, and one charge of criminal damage to property. D did not testify at trial. He did not present any evidence. D requested an instruction on mistake of fact and argued that he showed his identification, paid for a room, had permission to go into a room, thought he was entering the room he had a right to be in and made a mistake. D argued that this mistake of fact negated the mental state accompanying entry without permission, which is an element of breaking and entering and, therefore, did not commit the crime of breaking and entering, even if he would have been guilty of a different crime based on breaking the window. The instruction was denied. D was convicted and appealed.