State v. Klimes

Vlastimil Klimes, Jr., was convicted by a jury of second degree burglary for “unlawfully entering or remaining” in a Maple Valley junkyard while it was open for business. His appeal raises an issue of first impression in Washington: Do the burglary statutes provide alternate means of committing burglary, that is, an “enters unlawfully” means and a “remains unlawfully” means? We hold that they do. We reverse Klimes’ conviction and remand for a new trial solely on the “enters unlawfully” means of committing this alleged second degree burglary because (1) under the facts of this case substantial…