WENATCHEE, Wash. (AP) — A Chelan County burglary conviction was overturned when an appeals court decided a fenced area with three sides did not meet the definition of a building.
The appeals court in Spokane said a fenced area can meet the definition of a building, but this case is one fence short.
The Wenatchee World reports (http://bit.ly/12abjbz ) the decision overturned the conviction of 31-year-old Enrique Retana Gonzalez of Mattawa who was stopped near Wenatchee in August 2011 with a stolen outboard motor in his car. He was convicted of second-degree burglary.
Chief Appellate Judge Kevin Korsmo said in an opinion issued Tuesday that it wasn’t a burglary because the motor was taken from a partially fenced storage yard.
Information from: The Wenatchee World, http://www.wenatcheeworld.com