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.