State v. Francis

MEMORANDUM DECISION

VOROS, Associate Presiding Judge:

¶ 1 Defendant Philip J. Francis appeals his conviction for burglary of a dwelling on the ground that the church he burglarized does not qualify as a dwelling. We affirm.

¶ 2 Francis was convicted of one count of burglary of a dwelling, a second degree felony under Utah Code section 76-6-202, in connection with his unauthorized entry into a church in Ogden, Utah. See Utah Code Ann. § 76-6-202 (2008). The church opens into a split entry and has two levels, each accessible from the other. The main floor contains classrooms, a sanctuary, and an…