– State v. Downing –

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 116,629 STATE OF KANSAS, Appellee, v. CHARITY DOWNING, Appellant. SYLLABUS BY THE COURT 1. Under K.S.A. 2018 Supp. 21-5807(a)(1), burglary is, without authority, entering into or remaining within any dwelling, with intent to commit a felony, theft, or sexually motivated crime therein. 2. The term "dwelling" in K.S.A. 2018 Supp. 21-5807(a)(1) is defined in K.S.A. 2018 Supp. 21-5111(k) to mean "a building or portion thereof, a tent, a vehicle or other enclosed space which is used or intended for use as a human habitation, home or residence." 3.…