People v. Johnson

This case presents question as to whether govt. proved defendant guilty of burglary beyond reasonable doubt under circumstances, where defendant entered retail store, stole some items, left store and placed items in backpack that defendant placed outside of store just prior to entering store. Appellate Court, in reversing defendant’s burglary conviction, found that govt. had failed to show that defendant had entered or remained in store without authority and with intent to commit theft, since defendant had entered store “with authority” because he entered store during normal business hours and remained in designated public areas of store. In its petition for leave to appeal, govt. argued that defendant’s entry of store with intent to commit theft, even during business hours, was entry without authority under Weaver, 41 Ill.2d 434.