BY THE COURT
locked sacristy inside an unlocked church is not a building
or structure as the terms are used in K.S.A. 2018 Supp.
from Sumner District Court; William R. Mott, judge.
L. Spencer, county attorney, and Derek Schmidt, attorney
general, for appellant.
Patrick H. Dunn, of Kansas Appellate Defender Office, for
Arnold-Burger, C.J., Hill, J., and Stutzman, S.J.
defendant is guilty of a burglary of a nondwelling when he or
she "without authority, enter[s] into or remain[s]
within any: . . . building . . . or other structure which is
not a dwelling, with intent to commit a felony, theft or
sexually motivated crime therein." K.S.A. 2018 Supp.
C. Glover entered the unlocked St. Anthony's Catholic
Church and entered the locked sacristy where he stole items
from a locked cabinet. The State charged Glover with
burglary. The district court dismissed the charge at the
preliminary hearing, reasoning that the State did not prove
Glover entered the building without authorization because the
church was open to the public. On appeal, the State argues
the district court erred because the sacristy can be
considered a building or structure under the meaning of the
Kansas burglary statute. Because we find that the sacristy
does not fit the definition of a building or structure under
the clear language of K.S.A. 2018 Supp. 21-5807(a)(2), we
and Procedural History
March 2017, Marian Bryant, a sacristan for St. Anthony's
Catholic Church, went to the sacristy to prepare for services
and discovered two chalices, one ciborium, and one paten were
missing. The items were normally in a locked cabinet inside
the sacristy. The sacristy is a room that is normally locked
and located within the church. The church itself was unlocked
and open to the public.
to Timothy Nash, he and Glover went to the church to take
some money. When they were unable to find any money, Glover
took the items out of the cabinet. Glover was eventually
charged with one count of burglary of a nondwelling and one
count of felony theft.
court held a preliminary hearing on the charges and dismissed
the burglary charge. The court reasoned that there was
insufficient evidence to show Glover entered the building
without authority. The court believed that Glover was
authorized to enter the church and the sacristy was not a
separate building or dwelling within the church because it
was all owned by the same entity.
State filed a motion to reconsider or in the alternative to
dismiss the remaining charge so the State could pursue an
appeal. The court denied the State's motion to reconsider
and granted the motion to ...