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All I have heard is that he is going to be charged with Theft/Larceny in the Smart home theft (meaning he took things from the home while he had permission to be in it) Then he burglarized a neighbors home at night while people were sleeping in the home. (burglary is charged when someone enters a home or business without permission - Theft/Larceny is when you have free access to the home or business and committed the crime while you have permission to be there. (also known as shoplifting if it is a business).

I have not heard that he entered the Smart home at night or returned to the home after he was not working there to steal things. If you steal from your employer while you are working... it is theft/larceny. If you break into your employers business after hours and steal it is burglary as you broke in or entered the business when you were not suppose to be there. Ricci is being charged with theft/larceny for stealing from the Smart home.

Also we have to consider as we do not know if Ricci had a key to the home. It is possible that the theft took place while the family was out of town and they gave him a key to access the home and to work on it as time would allow him to. Now if had key and made a copy of it and then entered the home at a later date and after his work was complete, then even though he had a duplicate key it would be considered Burglary then. Since the charges have been stated as Theft/Larceny in the theft of the Smart home... then it is to be believed that the items he took were taken while he had permission to work in the home. Theft/Larceny has a lighter sentence than what burglary does. But since he is a habitual criminal he could face life due to the 3 stikes your out law. His last sentence for robbery of the food pantry may have been his first strike since the law came into effect... then the burglary charge of the Smart's neighbors (strike 2), then the theft of Smart home (strike 3). More strikes are bound to come if they can place him at the bank robbery that took place last fall or if they can find him involved in kidnapping Liz or other crimes.