State v. Sisneros

HALL, Justice:

Defendant appeals from a conviction of burglary of a non-dwelling. 1

It is undisputed that in the early morning hours of May 80, 1980, defendant unlawfully entered the Salt Lake Mill and Lumber Company (hereinafter "Company") He was discovered on the premises by Jack Merrick, a security officer employed by the Company. Merrick scuffled with defendant and eventually controlled him and called the police.

At trial, Merrick testified that he made a routine check of the Company at 1:00 a. m. on May 30, 1980, and that the interior of the business area was in order at that time: the…