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### COURT OF APPEALS DIVISION II. 20I U

# G1 9 

### AM 9: 38 IN THE COURT OF APPEALS OF THE STATE OF WASHiiil BY_
STATE OF WASHINGTON, DIVISION II

Respondent,

v. ROBERT WAYNE MICKENS, Appellant. 1
C Consol. Nos. 45243 -0 -I1

45246 -

4 - I1

UNPUBLISHED OPINION

MAXA, J. — Robert Mickens appeals his conviction for residential burglary based on his removal of a mirror from a common storage area for residential apartments. He argues thatthe State failed to present sufficient evidence ofresidential burglary because the storage area was not a " dwelling." We disagree, and affirm. FACTS 

### On February 5, 2013, in the early morning, Mickens entered a building that had an auto repair shop and one residential apartment on the ground level and nine residential apartments and a storage area on the second level. The main entrance to the second level was unlocked, and Mickens walked up to that level. He then entered the storage area, 

### which was connected to the apartments by an open hallway. The doorto the storage area

was unlocked, but a sign on the door stated, " no trespassing tenants only." Verbatim Report of Proceedings (VRP) (June 4, 2013) at 77. Once inside the storage area, Mickens 

### I45243 -0 -II consol. with 45246 - 4 -II 

### pried a large mirroroffthe wall. He then left the building with the mirror and gave itto

an acquaintance. 

### The State charged Mickens with residential burglary and third degree theft.At 

### trial,the building owner described the storage area,where tenants store belongings either unsecured in the open area or in a secured area behind a locked gate. The storage area 

### and apartment hallway are undervideo surveillance, which is reviewed daily by apartment staff. During trial,the State played the surveillance video showing Mickens prying the mirror, located in the common storage area, offofthe wall.

Ajury found Mickens guilty of residential burglary.1 Mickens appeals. ANALYSIS 

### A person is guilty ofresidential burglary if,with intentto commit a crime against a person or property therein, the person enters or remains unlawfully in a dwelling other than a vehicle." RCW 9A.52. 025( 1). " 

### Dwelling" includes any " building

or structure..., 

### or a portion thereof,which is used or ordinarily used by a person for lodging." RCW 9A.04. 110( 7). Mickens argues that the evidence at trial was insufficient 

### to convict him ofresidential burglary because the storage area where the mirrorwas located did not constitute a " dwelling." We disagree. The test for determining sufficiency ofthe evidence is whether, after viewing the 

### evidence in the light most favorable to the State, any rational trier offact could have found guilt beyond a reasonable doubt. State v. Rose, 175 Wn.2d 10, 14, 282 P. 3d 1087 2012). 

### In a sufficiency ofthe evidence claim, the defendant admits the truth ofthe State's evidence and all reasonable inferences drawn from that evidence. Rose, 175 1 The trial court dismissed the third degree theft charge. 245243 -0 -II consol. with 45246 - 4 -II 

### Wn.2d at 14. Credibility determinations are made bythe trier offact and not subjectto
review. State v. Miller, 179 Wn.App. 91, 105, 316 P.3d 1143 ( 2014). Circumstantial 

### and direct evidence are equally reliable. Miller, 179 Wn.App. at 105.

Under RCW 9A.04. 110( 7), 

### entry into a portion ofa residential area ofabuilding supports a conviction for residential burglary even ifno resident lives in that portion of the residential area. See State v. Neal, 161 Wn.App. 111, 113 -14, 249 P.3d 211 ( 2011) atool room in an apartment building was a " dwelling" because it was a portion ofa building used as 

### lodging); 

### State v. Murbach, 68 Wn.App. 509, 513, 843 P.2d 551 ( 1993) 

### an attached garage with adoor leading to a residence was a " dwelling" because itwas a portion of a building used as lodging); see also State v. Moran, Wn.App. , 324 P. 3d 808, 812 (2014) (the area under the foundation of a house was a " dwelling" even though the area was not accessible from the inside living quarters).

Here, the second floor ofthe multiplex building is used as lodging — residential 

### apartments. The storage areawhere the mirror hung is a portion ofthe lodging area because it is on the same floor as the apartments and was connected to them by an open 

### hallway. Further,the purpose and function ofthe storage areaonthe second floor is similar to a tool room, attached garage, or area under a house' s foundation, all ofwhich 

### are portions ofa building used for lodging under Washington law. Moran, 324 P.3d at 812; Neal, 161 Wn.App. at 113 -14; Murbach, 68 Wn.App. at 513. Accordingly, the storage area is a " dwelling." Mickens argues that the storage area is open to the public and therefore is not part 

### ofabuilding used for lodging. The main entrance to the second floor is unlocked, and allows public access to the apartments and to the hallway leading to the storage area.
345243 - 0 -II consol. with 45246 - 4 -II And the door to the storage area is unlocked. However, a sign posted on the storage area door states, " no trespassing tenants only." VRP (June 4, 2013) at 77. Because ofthis 

### sign, leaving the door unlocked did not convert an otherwise private area into a public area or provide an open invitation to the public. 

### By entering the attached storage area reserved exclusively fortenants, Mickens unlawfully entered a portion ofa building used for lodging. As a result,there was sufficient evidence to convict Mickens of residential burglary. We affirm. 

### A majority ofthe panel having determined that this opinion will not be printed in the Washington Appellate Reports, but will be filed for public record in accordance with RCW 2.06.040, it is so ordered.

We concur:

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