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STATE v. GANS

Nos. 31667-2-I; 31702-4-I; 31468-8-I.

76 Wn. App. 445 (1994)

886 P.2d 578

THE STATE OF WASHINGTON, Respondent, v. DOUGLAS MICHAEL GANS, ET AL, Appellants. THE STATE OF WASHINGTON, Respondent, v. B.D.W., Appellant.

The Court of Appeals of Washington, Division One.

December 30, 1994.

Attorney(s) appearing for the Case

Lorraine Lee of Washington Appellate Defender Association, for appellant Gans, et al.

Andrew S. Dimmock of Associated Counsel for the Accused, for appellant B.D.W.

Norm Maleng, Prosecuting Attorney, and Pamela Mohr, Deputy, for respondent.

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...

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