State v. Feldt

Defendant, Charles Matthew Feldt, appeals his January 12, 1988, bench conviction in the Eighth Judicial District Court, Cascade County, for burglary and theft. The Honorable Joel G. Roth sentenced Feldt to serve five years for burglary and five years for theft, with the sentences to run concurrently. The imposition of both sentences was suspended. Feldt appeals the conviction of burglary. We reverse.

The issue on appeal is stated as follows: (1) Whether the trial court erred in finding that the defendant entered his employer’s premises “unlawfully,” thereby committing burglary under §…