People v. McDaniel, 978 N.E.2d 645

Defendant entered a Walmart in Cahokia at night with sunglasses, a heavy coat, and a ski cap, prompting loss prevention to suspect shoplifting.
Loss prevention tracked him, observed him remove three fishing reels from packages, place the reels inside his coat, and head toward the exit without paying.
Defendant was stopped; reels worth $181 were recovered; surveillance confirmed he was in the store for about six minutes.
Jury acquitted the unlawful-entry burglary count but convicted on the second burglary count, remaining within the store with intent to steal.
Trial court briefly vacated the burglary conviction and then reinstated it; defendant was sentenced to probation for theft-related conduct.
Court ultimately reversed the burglary conviction, concluding the facts did not support remaining-within burglary; defendant was properly convicted of theft.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether remaining within the store to commit theft requires exceeding entry authority	McDaniel exceeded authority by staying to steal	Authority to enter public area; no exceeded scope; no burglary	Remaining-within burglary not established; reversal of burglary conviction

Vallero v. Illinois, 61 Ill. App. 3d 413 (1978) (no burglary when entry authority not exceeded; checks were taken after leaving)
Boose v. People, 139 Ill. App. 3d 471 (1985) (post-entry intent cannot satisfy burglary by illegal entry)
Boone v. People, 217 Ill. App. 3d 532 (1991) (reversal where defendant entered without authority)
Poe v. People, 385 Ill. App. 3d 763 (2008) (one-act, one-crime principle not controlling here)
Richardson v. People, 2011 IL App (5th) 090663 (2011) (exceeding scope of lawful entry; thefts after lawful entry)
Glover v. People, 276 Ill. App. 3d 934 (1995) (similar to Richardson; authority breach after lawful entry)