Burglary of Inmate’s Cell?

Image result for jail cell fights

In State v. Dunleavy, the WA Court of Appeals held that a jail cell is a separate building for purposes of supporting a burglary charge/conviction, and the that the victim’s jail cell need not be secured or occupied at the time of the crime in order to support the charge.

BACKGROUND FACTS

Dunleavy was an inmate at the Walla Walla County jail in Unit E. In Unit E, there are eight cells capable of housing two inmates per cell. The cells open into a day room. In Unit E, the cell doors are open from about 6:00 a.m. until 9:00 p.m. An inmate is permitted to close his cell door, but if he does, the door will remain locked until opened the next morning.

Dunleavy was hungry one day, so he asked inmate Kemp LaMunyon for a tortilla. LaMunyon responded that he did not have enough to share, but would buy more later and share with Dunleavy at that time. Dunleavy later bullied LaMunyon and threatened to “smash out.” Soon after, inmate John Owen attacked LaMunyon. During the attack, Dunleavy snuck into LaMunyon’s jail cell and took some of LaMunyon’s food. LaMunyon was seriously injured by Owen. Jail security investigated the fight and the theft, and concluded that the two were related. Security believed that Dunleavy staged the fight between Owen and LaMunyon to give him an opportunity to take LaMunyon’s food.

Because of the seriousness of LaMunyon’s injuries, and because security concluded that the fight and the theft were related, the jail referred charges to the local prosecuting authority. The State charged Dunleavy with second degree burglary, third degree theft, and second degree assault. After the State presented its case, Dunleavy moved to dismiss the second degree burglary charge on the basis that an inmate’s cell is a separate building. The trial court considered the parties’ arguments, denied Dunleavy’s motion to dismiss, and the case continued forward.

Dunleavy called one witness who testified that Dunleavy did not conspire with Owen to assault LaMunyon. After closing arguments, the case was submitted to the jury. The jury began deliberating at 1:30 p.m. At 4:00 p.m., the jury sent a written note to the trial court through the bailiff. The note asked, “Are the Walla Walla county jail policies legally binding? Are they considered law? What if we are not unanimous on a certain count?” The trial court, counsel, and Dunleavy discussed how the trial court should respond. The trial court’s response read, “You are to review the evidence, the exhibits, and the instructions, and continue to deliberate in order to reach a verdict.” No party objected to this response.

Less than one hour later, the jury returned a verdict finding Mr. Dunleavy guilty of second degree burglary and third degree theft but not guilty of second degree assault.

ISSUES

Dunleavy appealed on the issues of whether (1) jail cells are separate buildings for purposes of proving burglary, and (2) whether there is an  implied license for unlawful entry.

COURT’S ANALYSIS & CONCLUSIONS

1. Jail cells are separate buildings for purposes of proving burglary.

The Court of Appeals reasoned that under statute, a person is guilty of burglary in the second degree if, with intent to commit a crime against a person or property therein, he or she enters or remains unlawfully in a building other than a vehicle or a dwelling. Furthermore, Washington law defines “building” in relevant part as any structure used for lodging of persons; each unit of a building consisting of two or more units separately secured or occupied is a separate building.

With these legal definitions in mind, the court noted that that a jail is a building used for lodging of persons, specifically inmates. Each cell is secured at night and an inmate can secure his cell from others. Furthermore, each cell is separately occupied by two inmates. “We discern no ambiguity,” said the Court of Appeals. “A jail cell is a separate building for purposes of proving burglary.”

2. No implied license for unlawful entry.

The Court of Appeals raised and dismissed Dunleavy’s arguments that he did not commit burglary when he entered LaMunyon’s cell because his entry was lawful from an implied license to enter the cell.

Contrary to Dunleavy’s argument, the Court explained that under Washington law, a person ‘enters or remains unlawfully’ in or upon premises when he or she is not then licensed, invited, or otherwise privileged to so enter or remain.”

The Court of Appeals explained that the victim, LaMunyon, did not give Dunleavy permission to enter his cell. Furthermore, the Jail Sergeant testified that inmates are told when they are first booked into jail that they may not enter another inmate’s jail cell.

“Inmates are subject to punishment for breaking these rules, including criminal charges,” said the Court of Appeals. “A rational jury could find beyond a reasonable doubt that Dunleavy entered LaMunyon’s cell unlawfully.”

Consequently, the Court of Appeals affirmed Dunleavy’s conviction, yet remanded for resentencing on the separate issue that his offender score was incorrectly calculated.