STATE OF MISSOURI v. ASHLEY NICOLE ZUIDEMA

Ashley Zuidema appeals from the judgment of the Circuit Court of Nodaway County, Missouri (“trial court”), convicting her of one count of second-degree burglary.



During a rural drive she chose to make on a cold winter night, having had frequent car trouble and no valid driver’s license, Zuidema became stranded, but managed to get her car parked at a home whose residents were not present at the time. After knocking with no answer, Zuidema entered the home, attempted to call the first number stored on the home phone, and got no answer. She called her fiancé when she had momentary cell phone reception, but did not ask him to find her or pick her up. Zuidema utilized the homeowners’ cell phone charger, donned the homeowner’s pajama bottoms, laundered her clothing, made tea, and drew a bath. Zuidema was discovered in the home promptly by relations of the homeowners, who were taking care of their pets and chores for them while away. These family members dialed 911, arrived at the home and encountered Zuidema, and soon thereafter the police arrived and took Zuidema into custody.



Subsequently, Zuidema was charged with second-degree burglary in violation of section 569.170 and stealing in violation of section 570.030. Defense counsel submitted instructions related to the defense of justification by emergency or necessity under section 563.026. The trial court refused to give Zuidema’s instructions and overruled defense counsel’s objections to the verdict directors that did not include the defense of justification. Zuidema was found guilty of second-degree burglary for knowingly remaining unlawfully in an inhabitable structure for the purpose of committing stealing. Following the verdict, Zuidema filed a motion for judgment of acquittal or for new trial, arguing that the trial court erred in refusing to give the instruction on the defense of justification by emergency or necessity. The trial court denied the motion. Zuidema appealed.

AFFIRMED