State v. Wentz

68 P.3d 282
CourtWashington Supreme Court
DecidedMay 8, 2003
Docket72438-5
StatusPublished
Cited by166 cases

This text of 68 P.3d 282 (State v. Wentz) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Wentz, 68 P.3d 282 (Wash. 2003).

Opinion

68 P.3d 282 (2003)
149 Wash.2d 342

STATE of Washington, Respondent,
v.
Gerald Lee WENTZ, Petitioner.

No. 72438-5.

Supreme Court of Washington, En Banc.

Argued February 13, 2003.
Decided May 8, 2003.

*283 David Gasch, Spokane, for Petitioner.

Steven Tucker, Spokane County Prosecutor, Kevin Korsmo, Deputy, Spokane, for Respondent.

IRELAND, J.

Defendant Gerald Lee Wentz claims the State produced insufficient evidence to support his conviction for first degree burglary. At the close of his bench trial, the judge found that by entering a locked, six-foot high fence, Wentz had entered a building for the purposes of the burglary statute. The Court of Appeals affirmed. A "fenced area" is included in the statutory definition of building, and the statute is unambiguous. Therefore, we affirm.

FACTS

On the evening of May 29, 1999, police responded to a residential alarm at Patrick Wheeler's home in Spokane. One of the responding officers, Deputy James Melton, found Wentz hiding in the backyard. The officer testified that Wentz said he took a pickup truck from his brother's home in The Dalles, Oregon, without permission that morning. He said he drove the truck to a friend's house and broke in, taking a handgun and some ammunition. Thus prepared, he drove to Spokane, where he intended to confront[1] his ex-wife and sometime girl friend, Janet McFadden, and her new boyfriend, Wheeler.

Wentz told police that upon arriving in Spokane, he proceeded to Wheeler's house, noting McFadden's car in the driveway. He also confirmed that she was there by calling and hanging up when she answered. Parking the truck in a lot a few blocks away, he then walked by and around the house several times. He waited for nightfall before trying to enter Wheeler's home.

Meanwhile, unbeknownst to Wentz, his brother telephoned McFadden in Spokane. Thereafter, she immediately fled, driving back to The Dalles. Wheeler was working a 24-hour shift. Consequently, the house was empty when Wentz arrived.

Officer Melton testified that Wentz told him he climbed the fence into the backyard and found an unlocked sliding door. When he slid it partway open, an alarm sounded. Instead of going into the house, he hid in the boat that was parked on a trailer in the backyard. He decided to wait under the boat's cover until McFadden and Wheeler returned.

A six-foot solid wood fence surrounds the backyard. The fence has two gates, both of which were padlocked. Both Wentz and the police officer who apprehended him had to climb the fence to enter the backyard. Wheeler kept his boat inside the fence next to his house.

Wentz was arrested and charged with two counts of attempted second-degree murder, one count of possession of a stolen firearm, one count of possession of stolen property other than a firearm, and one count of first-degree burglary. At the close of the trial, the judge found Wentz guilty beyond a reasonable doubt on all counts. The Court of Appeals, Division Three, affirmed the convictions. *284 We granted review solely as to the burglary count.

ISSUES

Is the term "fenced area" in the statutory definition of "building" in RCW 9A.04.110(5) subject to the main purpose test announced in State v. Roadhs, 71 Wash.2d 705, 707-09, 430 P.2d 586 (1967)?

Do the qualifying words "used for lodging of persons or for carrying on business therein, or for the use, sale or deposit of goods" apply to the term "fenced area" in RCW 9A.04.110(5)?

ANALYSIS

A. Standard of Review

We are asked to determine the correct construction of "fenced area" in the statutory definition of building in RCW 9A.04.110(5). Construction of a statute is a question of law that we review de novo under the error of law standard. City of Pasco v. Pub. Employment Relations Comm'n, 119 Wash.2d 504, 507, 833 P.2d 381 (1992). This court has the ultimate authority to say what a statute means. State v. Elgin, 118 Wash.2d 551, 555, 825 P.2d 314 (1992). However, we are under an obligation to give effect to the intent of the legislature, and where the language of a statute is clear, legislative intent is derived from the language of the statute alone. Waste Mgmt. of Seattle, Inc. v. Utils. & Transp. Comm'n, 123 Wash.2d 621, 629, 869 P.2d 1034 (1994).

B. Former Statutory Construction

Whether Wentz had entered Wheeler's home was a factual dispute at trial, but the trial court made no finding he had. It nonetheless concluded that Wentz was guilty of first degree burglary based, in part, on the following written findings of fact:

19. [The backyard] was secured by a six foot solid wood fence with locked gates.... Deputies then checked the back yard and discovered the defendant ... [hiding] in the yard armed with a Colt .357 revolver and 21 rounds of ammunition.
. . . .
33. On May 29, 1999 around 9:23 p.m., the defendant, armed with the Colt firearm, jumped over the locked fence into the secured back yard....
34. The defendant opened the rear, basement sliding glass door of the house ... which tripped the security system and caused an alarm to sound.
35. When the security alarm sounded, the defendant hid himself in the boat in the fenced backyard under a tarp to await [their] return....
68. On May 29, 1999, the defendant had the specific intent required to commit the offense of first degree burglary and did enter and remain unlawfully on the premises or in the building ... with the intent to commit a crime against a person or property therein, and, in entering and while on or in such building or premises and in immediate flight therefrom was armed with a deadly weapon....

Clerk's Papers (CP) at 33, 36-37, 44. Wentz challenges the sufficiency of these findings to support his first degree burglary conviction. To determine whether the evidence is sufficient to sustain a conviction, we view the evidence in the light most favorable to the prosecution and ask whether any rational fact finder could have found the essential elements of the crime beyond a reasonable doubt. State v. Green, 94 Wash.2d 216, 221, 616 P.2d 628 (1980) (quoting Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979)).

The trial court entered no written findings regarding whether the fence around Wheeler's backyard was erected mainly for the purpose of protecting property therein, the test announced in State v. Roadhs. The issue in Roadhs was whether a defendant who unlawfully entered a fenced area could be charged under the burglary statute. Defendant and two other men were apprehended within a public utility district warehouse compound.

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Bluebook (online)
68 P.3d 282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wentz-wash-2003.