May, J.
….
To prove Jenkins committed Class A felony burglary, the State was required to submit sufficient evidence he broke and entered Blackmon’s apartment with the intent to commit a felony therein and the crime resulted in bodily injury. See Ind. Code § 35-43-2-1(2) (elements of Class A felony burglary) (1999). Jenkins argues the State did not prove he broke into Blackmon’s apartment, and thus his conviction must be reversed.
“Using even the slightest force to gain unauthorized entry satisfies the breaking element of the crime.” Davis v. State, 770 N.E.2d 319, 322 (Ind. 2002), reh’g denied. “For example, opening an unlocked door or pushing a door that is slightly ajar constitutes a breaking.” Id. Walking through an open structure does not constitute “breaking” within the definition of the statute. Cockerham v. State, 246 Ind. 303, 204 N.E.2d 654, 657 (Ind. 1965), reh’g denied. While our Indiana Supreme Court has held “[s]ome physical movement of a structural impediment is necessary to support a finding of breaking,” Smith v. State, 535 N.E.2d 117, 118 (Ind. 1989), it has also held the use of physical force against a victim to gain entry into a residence was sufficient to prove the element of “breaking” independent of “conclusive” evidence force was used to open the residence’s door. Bellmore v. State, 602 N.E.2d 111, 124-25 (Ind. 1992), reh’g denied. The element of “breaking” can also be accomplished by forcing a person to open the door to a residence. Dew v. State, 439 N.E.2d 624, 625 (Ind. 1982).
….
In the instant case, [the victim] opened the door to his apartment after seeing [an acquaintance] through the peephole. However, as soon as the door opened, Jenkins and another man pushed [the acquaintance] to the side, hit [the victim] with a bottle and a pistol, and proceeded to steal items from [the victim]’s apartment. While there was no conclusive evidence Jenkins used force to open the door, there existed sufficient evidence to prove he used physical force to move [the acquaintance] from the doorway and to subdue [the victim]. See Bellmore, 602 N.E.2d at 124-25 (use of force against victim, rather than door, sufficient to demonstrate breaking). Jenkins’ arguments to the contrary are invitations for us to reweigh the evidence, which we cannot do. See Drane, 867 N.E.2d at 146 (appellate court will not reweigh evidence on appeal).
….
Robb, J. and Mathias, J., concur.