State v. Dorsey

Brazil, J.:

Michael J. Dorsey timely appeals from his conviction in district court of aggravated burglary under K.S.A. 21-3716 and theft under K.S.A. 21-3701. Dorsey raises two issues on appeal: (1) Whether the district court erred in denying Dorsey’s motion to dismiss the charge of aggravated burglary on the basis that the pharmacy was not a structure occupied by a human being at the time of the burglary, and (2) whether the district court erred in failing to instruct the jury on burglary as a lesser included offense. We affirm.

The pharmacy is located in the Concordia Medical Building, which…