State v. Wentz

68 P.3d 282 (2003)

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Nature of the Case

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Facts

Police responded to a residential alarm at Patrick Wheeler's home. Deputy Melton, found D hiding in the backyard. D said he took a pickup truck from his brother's home without permission. D said he drove the truck to a friend's house and broke in, taking a handgun and some ammunition. D drove to Spokane, where he intended to confront his ex-wife and sometime girlfriend, Janet McFadden, and her new boyfriend, Wheeler. D proceeded to Wheeler's house, finding McFadden's car in the driveway. He called and hung up when she answered. Parking the truck 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. Wentz's brother telephoned and she immediately fled. Wheeler was working a 24-hour shift. The house was empty when D arrived. D admitted he climbed the fence into the backyard and found an unlocked sliding door. When he slid it partway open, an alarm sounded. D 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. D had to climb the fence to enter the backyard. Wheeler kept his boat inside the fence next to his house. D was 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. The judge found D guilty beyond a reasonable doubt on all counts. The Court of Appeals affirmed the convictions. D appealed.