State v. Smith

GUTIERREZ, Judge.

Kenneth Dow Smith appeals from his judgment of conviction for burglary, arguing that under I.C. § 18-1401, entry of an individual office within a hospital, with intent to steal, does not constitute burglary if the hospital building was entered without such intent. Furthermore, Smith argues the evidence is insufficient to show that he had the intent to commit any theft or felony when he entered the office. We affirm.

I

FACTUAL AND PROCEDURAL BACKGROUND

Evidence presented at trial shows that Smith’s wife sought treatment at the Koote-nai County Medical Center. While Smith was…