This section contains the nature of the case and procedural background.

Mann (D) was arrested for removing clothing from a Salvation Army collection box. D did this by reaching into the unlocked chute of a collection box. The metal box was six feet high, four feet deep, and four feet wide. D was convicted under an Arizona statute which provided that a person commits burglary in the third degree by entering a nonresidential structure with the intent to commit theft. 'Structure,' under Arizona law, was statutorily defined as any place with sides and a floor used for storage. The trial court instructed the jury that the box was a structure. D appealed.

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