Paugh v. State

Hannah Dawn Paugh (Paugh) presents this Court with a definitional question concerning the burglary statute. Her assertion is that a locked three-foot fishing reel display case in a department store is not a "separately secured or occupied portion" of a "building" within the meaning of Wyomings burglary statute, Wyo. Stat. Ann 6-3-301 (Lexis 1999). Paugh contends that the display case does not satisfy the statutory definition because it is not a "portion" of a "building," and her conviction of attempted burglary should be reversed. Other jurisdictions, which have addressed the "separately secured or occupied portion" language, have held that a display case of this nature does not fall within the burglary statute, and their view is supported by commentators and reason. We adopt the rationale of those authorities, based on the common law and statutory development of the crime of burglary, and we hold that to qualify as "separately secured or occupied," a room or container must be large enough to be occupied by a human being. It was impossible for the fishing reel display case to be the object of an attempted burglary by Paugh, and we reverse her conviction.