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Foster v. State

Evidence supported defendant's burglary conviction because defendant's physical violence both inside and outside the home, his entering the home armed with the lug wrench, and his phone call to the victims' mother telling her that he was going to kill her children, sufficiently established that he entered the house with the intent to commit a felony therein.

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Robert Dwight Foster appeals his convictions for malice murder, aggravated assault, burglary, and criminal damage to property in the second degree, in connection with the death of Tacara Judon and the injury of Ronald Porter. For the reasons that follow, we affirm.1 Construed to support the verdicts, the evidence showed that Foster and Octavia Robinson formerly Octavia Judon were involved in a romantic relationship. Robinson ended the relationship in July 2003 because Foster was jealous and possessive. The pair reestablished contact in January 2004, but did not date again.

On February 6, 2004, Robinson turned down Foster’s request for a date and said that she had plans. Robinson and her friend Kwantez Dennis spent some time that evening with Robinson’s two children, daughter Tacara Judon, aged five, and son Ronald Porter, aged ten. Foster telephoned Robinson during dinner and she told him she would return his call. Robinson and Dennis later left the children at home alone while they went to a nearby movie theater to see if there were enough seats for the four to see a movie; at the time they left, the children were asleep. Shortly after midnight, while Dennis was inside the theater, Robinson received a phone call from Foster that originated from her home phone. Foster was angry that Robinson was not with him and, in a profanity-laced tirade, said that he had damaged her garage, Dennis’s truck, and her bedroom; he then said “your kids are home and they’re going to die.”

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