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STATE v. SMITH

No. 28135.

77 P.3d 984 (2003)

139 Idaho 295

STATE of Idaho, Plaintiff-Respondent, v. Kenneth Dow SMITH aka Ronnie Riddle, Defendant-Appellant.

Court of Appeals of Idaho.

September 19, 2003.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender; Sara B. Thomas, Chief, Appellate Unit, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Karen A. Hudelson, Deputy Attorney General, Boise, for respondent.

GUTIERREZ, Judge.

Kenneth Dow Smith appeals from his judgment of conviction for burglary, arguing that under I.C. § 18-1401, entry of an individual office within a hospital, with intent to steal, does not constitute burglary if the hospital building was entered without such intent. Furthermore, Smith argues the evidence is insufficient to show that he had the intent to commit any theft or felony when he entered the office. We affirm.

I.

FACTUAL...

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