An appeals court has upheld a man's conviction on a breaking-and-entering charge that stemmed from a thwarted burglary attempt in Las Cruces.

Anthony Holt was breaking through a screen on a home's window when he realized a woman was in the home. He said "Oh I'm sorry," turned around and left.

He was convicted of breaking and entering but argued the law was ambiguous. He said putting his hands between a screen and a window wasn't the same as actually entering a home's interior.

But the state Court of Appeals of Appeals this week upheld the conviction. The court said the law was clear enough, saying putting his hands behind the screen amounted to intruding inside the home.