People v. Bradford
Annotate this CaseDefendant entered the Walmart during regular business hours. Walmart employee Norton recognized defendant and watched him. Defendant picked up two DVDs from a display near the cash registers, took them to the customer service desk, and conducted a “no-receipt” return in exchange for a Walmart gift card. Next, defendant went to the men’s department, where he picked up a hat, removed the price tag, and put it on. In the shoe department, he picked up a pair of shoes and placed them in a Walmart bag, which he produced from his pocket. Defendant joined a friend who had accompanied him to the store, paid for his friend’s merchandise using the gift card he had received in exchange for the DVDs, and did not pay for the hat or the shoes. When the men left the store, Norton and his partner followed and called the Bloomington police department. Officer Donovan handcuffed defendant, who confessed. At trial, defendant conceded the evidence was sufficient to prove retail theft, but argued it was insufficient to prove burglary under 720 ILCS 5/19-1(a) because there was no evidence that he remained in the store without authority. The court convicted defendant of burglary and sentenced him to three years in prison. The appellate court affirmed, holding that a defendant’s act of remaining within a building open to the public is “without authority” if accompanied by an intent to steal. The Illinois Supreme Court reversed. Defendant did not exceed the scope of his physical authority as a member of the public to be in the store.
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