People v. Holt

Defendant was convicted of burglary and retail theft. Defendant entered Walmart, a business open to the public, during normal business hours, and as a matter of law he did not enter Walmart without authority. Thus, burglary conviction is reversed. Evidence was sufficient for a rational trier of fact to conclude beyond a reasonable doubt that Defendant had committed retail theft. Security guard saw him take items out of his clothes and place them into a backpack and then reenter the store. Evidence was not closely balanced. (O'BRIEN, concurring; LYTTON, concurring in part and dissenting in part.)