People v. Johnson

Defendant was arrested for shoplifting $76.91 worth of clothing from retail store. First trial resulted in a hung jury. Second jury acquitted Defendant of retail theft but convicted him of burglary, and court sentenced him to 8 years in prison. Burglary statute should not be given improbable breadth in retail theft cases, as retail theft statute occupies field of shoplifting crimes, and contemplates all types of retail theft, regardless of whether shoplifters form requisite intent before or after entering the store. Burglary aims to punish where a trespass and unwelcomed criminal intent combine to harm victim more than either individual crime. Defendant's burglary conviction is reversed, as Defendant never exceeded his physical authority; he entered store during its business hours, remained in public areas while inside, and left the store before it closed. (CARTER and HOLDRIDGE, concurring.)