State v. Pitts

Defendant contests his conviction of burglary under U.C.A., 1953, § 76-6-202 (as amended), claiming that he was entitled at trial to a jury instruction on the lesser offense of theft. 1 He also appeals his conviction on the basis that the evidence fails to show an unlawful entry with the intent to commit theft. We affirm.

The Handy Pantry is a convenience store located on Salt Lake City’s west side. The front area of the building, where the retail goods are displayed and sold, is open to the public. At the rear of the retail area, a door opens into an office and other rooms behind. The door…