State v. Buss

LARSON, Justice.

Defendant Craig Allen Buss was charged by trial information with second-degree burglary, Iowa Code section 713.1 (1981). The information alleged he did “break and/or enter a place where something of value is kept, to-wit: one Chevrolet pickup truck belonging to Gary Hanson, with intent to commit a theft therein.” The defendant filed a motion to dismiss the charge arguing essentially that the cab portion of a pickup truck is not an “occupied structure or place” as defined in Iowa Code sections 702.12 and 713.1. The district court sus tained the motion and dismissed the burglary…