State v. Robb

HENDERSON, Justice.

ACTION

This is an appeal by Richard Lee Robb (appellant) from a Minnehaha County jury verdict and final judgment finding him guilty of third-degree burglary. We affirm.

FACTS

At approximately 2:45 a. m. on February 3, 1980, the burglar alarm was activated at the J. C. Penney Store (store) located at the Empire Shopping Mall (mall) in Sioux Falls, South Dakota. Upon arrival at the store, the police found that a door on the store’s roof had been forcibly opened. No one was found inside the store and no merchandise was missing.

The police found several distinct fresh footprints in…