(dissenting).
I respectfully dissent.
I would affirm the decision of Judge Braithwaite and hold that entry into a business place during the time it is open to the public cannot be the basis for a burglary charge. See State v. Taylor, 17 Or.App. 499, 522 P.2d 499; State v. Rogers, 83 N.M. 676, 496 P.2d 169; People v. Carstensen, 161 Colo. 249, 420 P.2d 820; Smith v. State, Alaska, 362 P.2d 1071; People v. Jones. 50 A.D.2d 750, 376 N.Y.S.2d 155.
The interpretation by the majority will make a first degree burglary charge possible for anyone who enters or remains in an occupied business place after sunset and writes any insufficient funds check. There have been many, many bars and saloons burglarized under the majority’s interpretation. In fact, the commission of any crime indoors would appear to be subject to a burglary charge since the burglary statutes refer to “enter[ing] or remaining] in any structure, with intent to commit any crime.”