Using the rule set out in the Rule Section, determine whether the prosecution should charge Rob Smith with burglary.

Rule Section

In the state of Mirabella, where Mirabella City is located, a person commits burglary if the person: $(1)$ breaks and $(2)$ enters $(3)$ a habitation of another $(4)$ with intent to commit a felony therein $(5)$ at night.

Fact Pattern Rob Smith $($Smith$)$ was down on his luck. He was working as a handyman in Mirabella City, but the jobs were few and far between. He owed money to a tough guy who had started threatening him. He was working on a small job hanging pictures in the hallway of a large house when the homeowner started doing some yard work outside. $$Just make yourself comfortable on those chairs when you're finished,$$ said the homeowner, motioning toward some chairs in the hallway.

Smith finished his work just as the streetlights became brightly lit. He decided to look around the house and see if he could help himself to some property to sell quickly. He walked down the hallway and saw a half$-$open door. $$Mind if I go into the study for a while?$$ he yelled. Hearing nothing in response, he walked toward the door and squeezed past it$.$ As he moved past it$,$ he nudged the door and it opened a few more inches. Upon entering the room, he saw two laptop computers on a desk. He decided to steal the laptops and sell them.

He grabbed the laptops quickly and shoved them into a bag. Just as he was about to leave, the homeowner ran toward him. $$What on earth!$$ she screamed at him. $$Oh no you don't, buddy.$$ She grabbed a decorative lasso off the wall, whirled it three times over her head, and threw it expertly toward Smith. The rope tightened around him, and he was instantly captured. He dropped the bag containing the laptops. $$OK$,$ lady, my mistake, let me go and I won't hurt you.$$ The woman laughed: $$Oh really? You won't hurt me$?$ What if I hurt you?$$ She pulled the rope and dragged Smith toward her backyard.

$$Stand there until the police come!$$ she commanded, guiding Smith toward an island in the middle of an ornamental pond. $$What if I don't?$$ asked Smith. $$Well$,$ fine with me$,$ but it may not be OK with the alligators.$$ She pointed towards one of several shadowy, bumpy shapes just below the pond's surface. Smith was mortally afraid of alligators, so he crouched down and stayed still. The police arrived within minutes. $$There$\text{'}$s your man,$$ the woman said to the police. $$He thinks there are alligators in the pond, but there are only alligator statues. Worked like a charm.$$ The police arrested Smith.

Should the prosecution charge Smith with burglary? Assume that the theft of two laptops amounts to a felony.