People v. McDaniel

Defendant was charged with burglary and retail theft. Defendant entered retail store with authority, and did not exceed the physical scope of his authority and left immediately after stealing fishing reels; thus, he was properly convicted of that theft. However, as Defendant did not "remain within" the store to commit a theft, his burglary conviction is reversed, as the "remaining within" language in the burglary statute should not be de facto amended, to be read so broadly that common shoplifting becomes burglary. (WELCH and WEXSTTEN, concurring.)