Defendant was convicted, after jury trial, of burglary, for stealing items worth a total of less than $300 from retail store, and was sentenced to 8 years. Appellate court reversed Defendant's conviction, holding that, as a matter of law, facts did not support conviction because Defendant entered a retail store during business hours and thus his entry was not "without authority". The crime of burglary was complete upon entry to the building, provided it can be shown that Defendant had the requisite intent to commit a felony or a theft at entry. Evidence was arguably sufficient to prove that Defendant entered the store with intent to commit a theft, which means that his entry was "without authority" within the meaning of Section 19-1(a) of the burglary statute. (KARMEIER, KILBRIDE, GARMAN, and BURKE, concurring; THEIS and NEVILLE, dissenting.)
Illinois Supreme Court
Criminal Court
Burglary