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State v. Bowen - 262 Kan. 705, 942 P.2d 7 (1997)

Rule:

Kan. Stat. Ann. § 21-3716 defines aggravated burglary as "knowingly and without authority entering into or remaining within any building, manufactured home, mobile home, tent or other structure, or any motor vehicle, aircraft, watercraft, railroad car or other means of conveyance of persons or property in which there is a human being, with intent to commit a felony, theft or sexual battery therein."

Facts:

Defendant broke into the victims' home and awakened them with the sound of his entry. The victims called their parents, who arrived with police and confronted defendant, who told officers that he had placed a bomb in the house. Defendant had been on methamphetamine the entire time and claimed that he had armed himself with knives in order to protect himself should anyone confront him while he slept in the victims' home. Defendant was convicted of aggravated burglary, possession of methamphetamine, and possession of marijuana. Defendant challenged his aggravated burglary conviction, contending that the evidence was insufficient to support his conviction.

Issue:

Was the defendant’s aggravated burglary conviction proper?

Answer:

Yes.

Conclusion:

On appeal from his burglary conviction, the Court held that the burglary conviction was proper because the evidence showed that defendant entered the victims' home armed and with the intent to injure anyone who approached him, which constituted aggravated assault. The Court noted that evidence showed that defendant kicked in the door and entered the residence armed with a knife in his hand to use against any occupant who approached him. Additionally, upon entry, he immediately searched for and acquired a much larger knife. He had a knife in each hand when first seen by the officers. Therefore, the Court reviewed the statute for aggravated burglary, Kan. Stat. Ann. § 21-3716, and determined that the intended felony of aggravated assault was sufficient to support the conviction.

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