David was embroiled in a conflict with his coworker Vicky. He decided that the only way to end the conflict was to kill Vicky. He went to her home, hid outside in some bushes, and waited for Vicky to start doing dishes right by her kitchen window. At 10pm, Vicky appeared by the kitchen window (as she stood at her sink doing dishes). David fired a gun through Vicky's kitchen window, shattering the window's class and shooting Vicky in the head. Vicky died immediately. David is charged with first degree murder and with burglary. On appeal, his attorney argues that the burglary conviction should be reversed. Assume that the common law rule for burglary applies. Should the appellate court uphold the burglary conviction?

Please select the best answer choice below regarding whether the burglary conviction should stand, and the reason for your selection:

A. Yes, David should be convicted of burglary because all of the elements of burglary are satisfied. B. No, David should not be convicted of burglary because the entry element cannot be satisfied since he remained outside the home during the entire commission of the crime. C. No, David should not be convicted of burglary because he intended to shoot Vicky but did not intend to commit larceny inside. D. Yes, David should be convicted of burglary because he is a risk to public safety, and protecting the community is more important than requiring that the prosecution prove the elements of the crime beyond a reasonable doubt.