State v. Murbach

Thompson, A.C.J.

Kathleen Marie Murbach appeals her jury convictions on charges of residential burglaiy and second degree malicious mischief. She contends the court erred when it allowed the State to amend the information on the morning of trial from second degree burglary to residential burglary, a violation of RCW 9A.52.025. She asserts the late amendment prejudiced her, or, alternatively, the attached garage which she allegedly entered is not a "dwelling", as that term is used in RCW 9A.52.025. We affirm.

At approximately 12:30 a.m. on July 1, 1990, Chewelah Police Officer Wayne Adair was…