State v. Daws

The opinion of the court was delivered by

Biles, J.:

There are two ways of committing aggravated burglary under K.S.A. 2015 Supp. 21-5807(b): a person can either “enter into” or “remain within” the dwelling. Michael C. Daws was *786convicted of aggravated burglary after a homeowner returned to discover the front door kicked in and Daws inside. The jury was instructed it had to find Daws “knowingly entered ... a residence . . . without authority . . . with the intent to commit theft... at the time there was a human being in the dwelling.” (Emphasis added.) In other words, the jury was instructed as…