State v. Gill

OPINION

GEMMILL, Judge.

¶ 1 The State of A'izona appeals from an order dismissing without prejudice five counts of third-degree burglary pursuant to Arizona Revised Statutes (“AR.S.”) section 13-1506(A)(1) against Defendant Elizabeth Lee Anne Gill. The issue presented is whether a mailbox is a “nonresidential structure” as defined in AR.S. § 13-1501(10) and (12) for purposes of third-degree burglary. Because we conclude a mailbox is a nonresidential structure that can be burglarized, we vacate the trial court’s ruling and remand for further proceedings.

BACKGROUND

¶ 2 While Gill was on felony…