State v. Kutch

Second degree burglary requires an unlaw ful entry. RCW 9A.52.030(1). Unlawful entry includes entry that is neither licensed nor invited. RCW 9A.52.010(3). Security guards caught Robert Kutch shoplifting at Mervyn’s in the Yakima Mall. They, by written and verbal notice, expressly banned him from entering the mall for a year. He nonetheless again entered and shoplifted at Mervyn’s. The dispositive question here is whether his violation of the notice revoking his invitation was sufficient to base the unlawful entry element of second degree burglary. We conclude that it is and affirm the…