State v. Barnett

The issue before us is whether first degree burglary is a “crime against a person” for purposes of the community placement statute,1 when committed by entry into a commercial building after close of business and when no person was injured or threatened in the course of the crime. We find that the first degree burglary committed in this case is not a “crime against a person” and we affirm the Court of Appeals.

I

FACTS

Shortly after midnight on July 28, 1995, Barnett and his codefendant, Kirby, unlawfully entered Jerry’s Surplus (a business in Everett, Washington) and stole seven firearms. They…