State v. Weber

SATZ, Judge.

Defendant was convicted by a jury of burglary, first degree, § 569.010 RSMo 1986, 1 and was sentenced to five years imprisonment. He appeals. We affirm.

A person commits the crime of first degree burglary if he unlawfully “enters ... a building or inhabitable structure for the purpose of committing a crime”, while a non-participant in the crime is present in the structure. § 569.160.1(3); e.g. State v. Hicks, 716 S.W.2d 387, 391 (Mo.App.1986). Defendant was charged and convicted of unlawfully entering the female victim’s home “for the purpose of committing rape.” Defendant contends…