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STATE v. KLIMES

No. 47198-8-I.

73 P.3d 416 (2003)

117 Wash.App. 758

STATE of Washington, Respondent, v. Vlastimil KLIMES, Jr., Appellant.

Court of Appeals of Washington, Division 1.

July 28, 2003.

Attorney(s) appearing for the Case

Christopher Gibson, Kathryn A. Russell Selk, Seattle, WA, for Appellant.

David M Seaver, King County Pros. Office, Seattle, WA, for Respondent.

KENNEDY, J.

Vlastimil Klimes, Jr., was convicted by a jury of second degree burglary for "unlawfully entering or remaining" in a Maple Valley junkyard while it was open for business. His appeal raises an issue of first impression in Washington: Do the burglary statutes provide alternate means of committing burglary, that is, an "enters unlawfully" means and a "remains unlawfully" means? We hold that they do. We reverse Klimes...

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