State v. Flieger

—The trial court dismissed the information charging Mr. Phillip D. Flieger with burglary in the second degree. The State appeals, contending the trial court erred in finding, as a matter of law, that the fenced area described in the probable cause affidavit did not constitute a "building", as defined by RCW 9A.04.110(5). We agree with the trial court and affirm.

In the early morning hours of August 17, 1984, Rodney Stroud reported to the Pasco Police Department that he had chased a person from his back porch area. The porch is not enclosed and lies within an area of Mr. Stroud's backyard…