State v. Mitchell

Abbott, J.:

This is a direct appeal by the defendant, Randy Mitchell, from a jury verdict convicting him of burglary (K.S.A. 21-3715) and theft (K.S.A. 1978 Supp. 21-3701[o]). Defendant was sentenced as a habitual criminal to two concurrent terms of not less than nine nor more than twenty years.

At approximately 10:00 p.m. on January 23, 1978, the Wichita Police Department responded to a silent entry alarm at the Sunflower Construction Equipment Company. The silent entry alarm makes no sound at the scene, but notifies a private alarm company that notifies the police department. Police first…