Levesque v. State

Before accepting Levesque’s plea of guilty, the trial court heard the testimony of an arresting police officer, but Levesque now claims the facts do not sustain the conviction of burglary under sec. 943.10 (1) (a), Stats., 1 because he entered the building with the consent of the owner. The facts are somewhat bizarre and undisputed. Levesque entered the Suburpia Submarine Sandwich Shop in downtown Milwaukee at 1:30 a. m. when it was open to the public. He had a cup> of coffee and about 2 a. m., entered the men’s room, removed a tile from the ceiling, crawled into the space above the ceiling,…