State v. Speller

VAUGHN, Judge.

Defendant contends that his entry was lawful and that, therefore, he cannot be convicted of felonious breaking or entering. Felonious entry is a statutory crime. G.S. 14-54(a). “[A] person cannot be convicted of felonious entry into a store or place of business during normal business hours through a door open to the public because there has not been an unauthorized or unper-mitted entry.” State v. Boone, 39 N.C. App. 218, 219, 249, S.E. 2d 817, 819 (1978), modified and affirmed, 297 N.C. 652, 256 S.E. 2d 683 (1979). Defendant entered the building during normal business hours.…