The State of Washington v. Roger Dean Engel

Summary

The court held that a “fenced area” under Washington’s burglary statute must be the curtilage of a qualifying building or structure and must be completely enclosed by fencing alone or by fencing combined with other structures. Western Asphalt’s yard was only partially fenced, with sloping terrain and banks making up the remainder, so the evidence was insufficient to prove that Engel entered or remained in a statutory “building.” The court reversed and remanded with instructions to vacate the conviction and dismiss the charge.