WELLINGTON, Kan. (AP) — A state appeals court says that a Kansas man who stole items from a Catholic church in Wellington won’t face burglary charges because the church was open.

The Kansas court decided that the 2017 theft that Edward Glover was convicted of didn’t meet the definition of burglary in state law.

Chief Judge Karen Arnold-Burger wrote that Kansas law says burglary involves unauthorized entry into a building, so this situation didn’t fit because the church was unlocked and open to the public.

The court also ruled that Glover didn’t commit burglary when he broke into a locked room within the church.

It’s not immediately clear whether prosecutors will appeal to a higher court.

Glover has three previous convictions for burglary and has been convicted of theft four times, according to the Kansas Department of Corrections.