Church sacristy is not a building or other structure for burglary

Patrick H. Dunn won in State v. Glover, No. 120,098 (Kan. App. June 7, 2019), affirming Judge Mott's dismissal of Sumner County burglary charges. The state alleged that Mr. Glover entered an unlocked Catholic church and entered the locked sacristy where he stole items from a locked cabinet. The sacristy is a room that is normally locked and located within the church, while the church itself was unlocked and open to the public.

Judge Mott dismissed the charges finding that the state did not prove that Mr. Glover entered the building without authorization. The state argued that Mr. Glover's entry in the sacristy constituted entry into a building or other structure that met the requirements of the burglary statute. After reviewing extensive case history in relation to the definition of "building or other structure," the COA agreed with Judge Mott:

First, even if we rely on previous caselaw focusing on whether someone is leasing a subpart of a building Glover could not be guilty of a burglary. Like the storeroom in [State v. Hall, 270 Kan. 194, 14 P.3d 404 (2000)], the sacristy was only owned by the church. It was not leased out to another individual or entity. See 270 Kan. at 202. Glover was authorized to enter the church and the sacristy was solely owned by the church. 

Second, we find that the plain language of the statute requires an unauthorized entry into a "building . . . or other structure." K.S.A. 2018 Supp. 21-5807(a)(2). A room is not a building or structure under a common understanding of either word. See Webster's New World College Dictionary 1262 (5th ed. 2014) ("room" is "a space within a building enclosed by walls or separated from other similar spaces by walls or partitions"); Webster's New World College Dictionary 1440 (5th ed. 2014) ("structure" is "something built or constructed, as a building or dam"); Webster's New World College Dictionary 195 (5th ed. 2014) ("building" is "anything that is built with walls and a roof, as a house or factory; structure"). The sacristy was nothing more than a room within the church building. Whether a room inside a building is locked does not impact whether entry into the building or structure was authorized. Moreover, the State's interpretation would lead to unintended results. If the defendant entered a business without authorization and then entered a locked storage closet, the defendant would be guilty of two burglaries under the State's interpretation. This is not consistent with the plain language of the statute. 

[Update: the state did not file a PR and the mandate issued on July 15, 2019].