State v. Storey

The opinion of the court was delivered by

Nuss, J.:

Donald Storey was convicted at a bench trial of burglary and theft for entering an unfinished medical center and taking a band saw. On appeal, Storey primarily argued that taking property from a structure under construction did not constitute burglary under K.S.A. 21-3715(b). A majority of the Court of Appeals *8panel affirmed his convictions and sentences. State v. Storey, 37 Kan. App. 2d 555, 154 P.3d 1148 (2007). We granted Storey’s petition for review; our jurisdiction is under K.S.A. 20-3018(b).

The issues on appeal, and this court’s…