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STATE v. ENGEL

No. 81072-9.

210 P.3d 1007 (2009)

STATE of Washington, Respondent, v. Roger Dean ENGEL, Petitioner.

Supreme Court of Washington, En Banc.

Decided July 9, 2009.

Attorney(s) appearing for the Case

Vanessa Mi-jo Lee, Washington Appellate Project, Seattle, WA, for Petitioner.

James Morrissey Whisman, King County Prosecutor's Office, Seattle, WA, for Respondent.

J.M. JOHNSON, J.

¶ 1 Roger Dean Engel stole some wheels from a large private yard that was partially enclosed by a fence and partially bordered by sloping terrain. Engel was convicted of burglary in the second degree, which requires entering or remaining in a "building." RCW 9A.52.030. A "building" is statutorily defined to include a "fenced area." RCW 9A.04.110(5). Engel challenges the sufficiency of the evidence,...

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