State v. Feldt

I respectfully dissent. The trial judge, in Finding of Fact Number 6 found:

“T.C. Foods store was closed for business when the defendant entered said store and took the money. Defendant did not have permission to enter the store at that time and he did not have permission to take the money.”

In my view, there is sufficient evidence in the record to affirm the conviction for burglary. The manager of T.C. Foods store had personally hired the defendant and knew the defendant’s work schedule. At trial, the manager testified as follows:

“Q. Now, the Defendant, Charles Matthew Feldt, even though he is…