People v. Acklin

Defendant was convicted, after bench trial, of residential burglary and theft. State did not charge Defendant with "remaining" burglary, but with burglary by unauthorized entry, which it did not prove beyond a reasonable doubt.Although Defendant's act of removing property from his friends' dwelling rendered his entry into the dwelling without authority, the limited authority doctrine still required State to prove beyond a reasonable doubt Defendant's intent to commit a theft or felony at the time of entry. No evidence showed that Defendant possessed the requisite criminal intent at the time he entered his friends' home. (HARRIS and HOLDER WHITE, concurring.)