State v. Ponce

¶1 In State v. J.P., 130 Wn. App. 887, 125 P.3d 215 (2005), this court held that because the statutory defense of abandonment of property negates the unlawful entry element of the crime of criminal trespass, abandonment should be available as a defense to residential burglary, which shares the same element. In this appeal, Antonio Ponce relies on J.P. to argue that the trial court erred in refusing to instruct the jury that his defense of permissible entry to the crime of criminal trespass, which similarly negates unlawful entry, was a defense to second degree burglary as well. We agree with…