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§ 943.10, Burglary (Entry with Intent to Commit Felony) – Elements

State v. Earl Steele III, 2001 WI App 34, 241 Wis. 2d 269, 625 N.W.2d 595
For Steele: Timothy J. Gaskell

Issue: Whether felon in possession of firearm may be the underlying felony to burglary (entry with intent to commit felony), § 943.10(1)(a), when the defendant-felon was already in possession of the firearm before entry.

Holding: “(A) person commits a burglary when he or she unlawfully enters the premises with the intent to commit a felony while on the premises, regardless of whether the defendant’s actions while inside the premises constitute a new crime or the continuation of an existing offense.” ¶17. (The court also holds, ¶20, that felon-in-possession is a crime against persons or property, and therefore satisfies that qualification as well.)

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