State v. Daws

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 108,716 STATE OF KANSAS, Appellee, v. MICHAEL C. DAWS, Appellant. SYLLABUS BY THE COURT 1. Under K.S.A. 2015 Supp. 21-5807(b), aggravated burglary is defined as "knowingly and without authority entering into or remaining within any building . . . in which there is a human being, with intent to commit a felony . . . therein." As used in the statute, the phrases "entering into" and "remaining within" each refer to a legally distinct factual situation. The entering into element is satisfied when the evidence shows a defendant crossed the plane of a…