People v. Bradford

Defendant, having entered store during store hours, shoplifted 5 items totaling less than $300, and existed store during store hours, after which he was stopped by store security personnel. State failed to prove that Defendant remained within the store without authority as charged under the burglary statute. A person commits burglary by remaining in a public place only where he exceeds his physical authority to be on the premises as a member of the public to be in store. Interpreting conduct as sufficient for burglary is unworkable, has the potential to lead to absurdity, and is inconsistent with retail theft statute and with historical development of burglary statute. (GARMAN, FREEMAN, THOMAS, KILBRIDE, KARMEIER, and THEIS, concurring.)