Washington V. Gans
Division One Court of Appeals of Washington
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KENNEDY, J. -- Douglas Gans, Adrian Lombardi and B.W. each appeal their convictions of second degree burglary. The three climbed a 4-foot high post and rail fence to enter a pasture at Bellevue's Kelsey Creek Park with the intent to inflict cruelty upon the occupant of the pasture, Pasado, a donkey. Gans and Lombardi assert that under the burglary statute, a fenced area of this sort can amount to a "building" only if it is for the deposit of "goods". They argue that Pasado cannot be "goods", because he served no commercial purpose. Additionally, all three Appellants argue that under the analysis established by State v. Roadhs, 71 Wash. 2d 705, 430 P.2d 586 (1967), the "main purpose" of a fence determines whether the fenced-in area is a "building". They urge this court to decide as a matter of law that an animal pasture surrounded by a post and rail fence cannot constitute a building.