State v. Engel

¶1 — Roger Dean Engel stole some wheels from a large private yard that was partially enclosed by a fence and partially bordered by sloping terrain. Engel was convicted of burglary in the second degree, which requires entering or remaining in a “building.” RCW 9A.52.030. A “building” is statutorily defined to include a “fenced area.” RCW 9A.04.110(5). Engel challenges the sufficiency of the evidence, claiming the yard was not a “fenced area” in the sense intended by the legislature. We agree and reverse his conviction.

Facts and Procedural History

¶2 Roger Engel was convicted of burglary in the…