State v. Foulenfont

OPINION

PICKARD, Judge.

The State appeals from pretrial orders dismissing charges for burglary and conspiracy to commit burglary. On appeal, we consider whether the district court had authority to dismiss the charges prior to a trial on the merits. We also consider whether the district court properly ruled as a matter of law that a fence does not constitute a “structure” under our burglary statute. We hold that the district court had authority and properly exercised that authority. Therefore, we affirm.

BACKGROUND

Defendants were each charged with one count of misdemeanor larceny, one count of…