State v. Gilbert

Arthur Leroy Gilbert appeals his conviction for first degree burglary contending the evidence does not support the conviction because the assault did not occur within the dwelling burgled. We agree and reverse.

The facts are not in dispute. At about noon on February 7, 1991, Gilbert and accomplice Damon Clarke broke into Toni Ciccanti's house in Seattle. A third accomplice waited in a car in the driveway. Charles Mastro and Miarme Heltberg were walking by and noticed the unfamiliar car in the driveway Mastro co-owned the house with his estranged wife, Ciccanti, but no longer lived in the house.