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Roughly two years ago deputies arrested a Sacramento man on suspicion of burglary. Before trial, the case boiled up through the appellate courts. The man's criminal defense lawyer argued that the man could not be charged with a completed burglary because there was no evidence the man ever entered the building. The trial court disagreed, and reportedly bound the accused over for trial.

An appellate court later handed down a split decision reversing the trial court ruling. The California Supreme Court has now unanimously agreed that prosecutors cannot proceed with burglary charges against the Sacramento area man.

The case arose from allegations arising on July 24, 2010. Law enforcement claims that the man had stood on a driveway and used a remote control to open a garage door. The homeowner claims to have heard the garage open and ran into the garage. He says that he saw a man standing in the driveway who then ran away from the home.

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