Franklin Roosevelt Dabney (Defendant) was convicted, after a jury trial in the Circuit Court, Baltimore County, of attempted fourth-degree burglary. Defendant appealed. The Court of Special Appeals reversed.

The Baltimore County Police Department charged Franklin Roosevelt Dabney (Appellant) with attempted fourth-degree burglary. Attempted fourth degree burglary? It smacks of convicting Al Capone, after Elliot Ness had been on his trail for a decade, of income tax evasion. It is perfectly legal, of course, but there remains the lingering aftertaste of overkill. Dabney was convicted by a Baltimore County jury of attempted burglary in the fourth degree, punishable by up to 3 years in prison. Dabney appealed on the ground that he was convicted of a non-existent crime, to wit, an attempt to commit an attempt.

Facts 

At approximately midnight on the evening of January 19–20, 2003, Dabney left his apartment in northwestern Baltimore County, got into his black Infiniti, and drove out of his neighborhood. For reasons unexplained to us in this record, a police surveillance team, consisting of six or seven unmarked police cars, was on station, waiting to monitor Dabney’s every move. They monitored him as he stopped at a service station and purchased gasoline. As the appellant then approached the Reisterstown Road entrance to the Baltimore Beltway (I-695) and turned east on it toward Towson, a police helicopter joined the surveillance......

1. List all of the facts relevant to deciding whether Franklin Roosevelt Dabney committed subvariety rogue and vagabond attempted fourth-degree burglary.

2. Summarize the trial court’s holding that Dabney committed attempted fourth-degree burglary.

3. Summarize the Special Court of Appeals’ arguments that Dabney could not commit attempted fourth-degree burglary.

4. In your opinion, should it be possible to commit attempted fourth-degree burglary? Explain your answer.