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TIMOTHY v. STATE

No. A-8723.

90 P.3d 177 (2004)

Horace TIMOTHY Jr., Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

April 30, 2004.

Attorney(s) appearing for the Case

Quinlan Steiner, Assistant Public Defender, and Barbara K. Brink, Public Defender, Anchorage, for the Appellant.

Sharon A.S. Illsley, Assistant District Attorney, Leonard M. Linton, Jr., District Attorney, Anchorage, and Gregg D. Renkes, Attorney General, Juneau, for the Appellee.

Before: COATS, Chief Judge, and MANNHEIMER and STEWART, Judges.

OPINION

MANNHEIMER, Judge.

This case requires us to clarify the law of burglary by interpreting an ambiguity in our criminal code's definition of "building". In Alaska, burglary is defined as entering or remaining unlawfully in a building with the intention of committing a crime in the building.1 AS 11.81.900(b)(4) declares that the term "building" includes not only "its usual meaning" but also "any propelled vehicle or...

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