Teen pleads not guilty to breaking in, mistaking it for own home

Published 8:49 am Friday, September 30, 2011

A 19-year-old Austin man pleaded not guilty Thursday to breaking into someone’s apartment and thinking it was his own.

Matthew Allen Smith entered the not guilty plea to one count of burglary in Mower County District Court. He is scheduled to appear in court again for a pre-trial on Dec. 22.

According to a court complaint, the residents of an apartment in the 1300 block of Fourth St. SE woke up around 7 a.m. Sept. 18 to find Smith standing in the apartment. Smith appeared “extremely intoxicated,” according to the complaint, and said he had been dropped off there and thought he was going home.

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Smith left when one of the residents asked him to, but he was later found passed out in the Viking Glass and Lock storage units parking lot.

One of the apartment residents told police he was missing $260 from his wallet after Smith left.

When police questioned Smith, he reportedly became belligerent. The court complaint said Smith told police he was “already looking at eight years and was tired of running and just wanted to get his time over with.” Smith told police he didn’t remember taking any money or entering the apartment.

Smith was convicted in May of third-degree criminal sexual conduct and first-degree burglary in separate cases.

Smith’s jury trial is scheduled to begin Jan. 9, 2012.