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STATE v. HOWE

Nos. 57133-3, 57164-3, 57201-1.

116 Wn.2d 466 (1991)

805 P.2d 806

THE STATE OF WASHINGTON, Petitioner, v. JOHN HOWE III, Respondent. THE STATE OF WASHINGTON, Respondent, v. MICHAEL JENSEN, Petitioner. THE STATE OF WASHINGTON, Petitioner, v. MICHAEL JAMES WALSH, Respondent.

The Supreme Court of Washington, En Banc.

February 28, 1991.

Attorney(s) appearing for the Case

Gary P. Burleson, Prosecuting Attorney for Mason County, and Mike Clift, Deputy; Norm Maleng, Prosecuting Attorney for King County, and James M. Cline, Deputy, for petitioner State.

Theresa B. Doyle of Washington Appellate Defender Association, for petitioner Jensen.

Bertha B. Fitzer, for respondent Howe.

Lenell Nussbaum of Washington Appellate Defender Association, for respondent Walsh.

Norm Maleng, Prosecuting Attorney for King County, and Ruth E. Reukauf, Deputy, for respondent State.

UTTER, J.

The juvenile defendants in these three consolidated cases were each convicted of burglarizing their parents' homes. Each case raises the same central issue: When is a parental order to a juvenile to stay away from the parental home sufficient to establish the lack of privilege element of a burglary charge? We hold that a burglary conviction can only be sustained where the parent (1) expressly and unequivocally ordered the child out of the

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