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Originally published Wednesday, January 30, 2013 at 12:54 PM

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No building, no burglary, says Washington court

A Chelan County burglary conviction was overturned when an appeals court decided a fenced area with three sides did not meet the definition of a building.

The Associated Press

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WENATCHEE, Wash. —

A Chelan County burglary conviction was overturned when an appeals court decided a fenced area with three sides did not meet the definition of a building.

The appeals court in Spokane said a fenced area can meet the definition of a building, but this case is one fence short.

The Wenatchee World reports ( http://bit.ly/12abjbz) the decision overturned the conviction of 31-year-old Enrique Retana Gonzalez of Mattawa who was stopped near Wenatchee in August 2011 with a stolen outboard motor in his car. He was convicted of second-degree burglary.

Chief Appellate Judge Kevin Korsmo said in an opinion issued Tuesday that it wasn't a burglary because the motor was taken from a partially fenced storage yard.

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Information from: The Wenatchee World, http://www.wenatcheeworld.com

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