State v. Mann
1981 Ariz. App. LEXIS 397, 628 P.2d 61, 129 Ariz. 24 (1981)
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Rule of Law:
A large, stationary object with sides and a floor that is used for storage, such as a charitable donation box, qualifies as a 'structure' for the purposes of a third-degree burglary statute. Property placed within such a container is considered donated to, and in the possession of, the charity, not abandoned.
Facts:
- The Salvation Army placed a large collection box on a street corner in Tucson for the purpose of collecting donated clothing.
- The box was approximately six feet high, four feet deep, and four feet wide, and was constructed of tin metal.
- The box featured an unlocked, chute-like door for depositing items and a separate, locked trap door through which the Salvation Army would collect the donations.
- Mary Lou Mann and a co-appellant were caught by police removing used clothing from the box by reaching through the unlocked chute.
Procedural Posture:
- Mary Lou Mann and her co-appellant were prosecuted for third-degree burglary in an Arizona state trial court.
- At trial, the judge instructed the jury that, as a matter of law, the Salvation Army collection box was a 'non-residential structure' under the burglary statute.
- The jury returned a verdict convicting the appellants of third-degree burglary.
- Appellants appealed their conviction to the Arizona Court of Appeals, arguing the trial court erred in its instruction to the jury.
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Issue:
Does a large, metal Salvation Army collection box, used for the storage of donated clothing, qualify as a 'non-residential structure' under Arizona's third-degree burglary statute?
Opinions:
Majority - Howard, Judge
Yes, a Salvation Army collection box is a 'non-residential structure' under the burglary statute. The court determined that the box fits the plain language of the statutory definition of a 'structure' as an 'object... with sides and a floor... used for... storage.' Because the physical attributes of the box were not in dispute, its legal classification was a question of law for the court, not a question of fact for the jury, making the trial court's instruction proper. The court also rejected the defense's argument that the clothes were abandoned property, holding that they were donated items legally in the possession of the Salvation Army.
Analysis:
This decision expands the legal definition of a 'structure' for burglary purposes beyond traditional buildings to include large, stationary containers used for storage. It establishes that entering such an object with felonious intent constitutes burglary, elevating the crime from what might otherwise be considered simple theft or larceny. This provides greater legal protection for charitable organizations that use collection bins, setting a precedent that makes theft from such containers a more serious offense. The ruling clarifies that the legal status of an object as a 'structure' can be a matter of law for a judge to decide when the object's physical characteristics are undisputed.
