## Facts

- The Salvation Army maintained an outdoor metal clothing donation box described as a large tin shed with walls, a floor, and a roof.
- Donors deposited clothing through an opening near the top that led into an enclosed interior space.
- The box was locked and separately securable; Salvation Army personnel accessed contents through a locked trap door near the bottom.
- The Salvation Army collected donated items from the box about every 36 hours.
- Mary Lou Mann removed clothing by reaching through the deposit chute and pulling items out; on the charged occasion, both Eric and Mary Lou Mann participated.
- The Manns admitted they reached into the box with intent to steal clothing.
- The State charged both defendants with third-degree burglary under A.R.S. § 13-1506 (unlawful entry into a nonresidential structure with intent to commit theft or a felony).

## Issues

1. Whether the donation box qualified as a “nonresidential structure” under A.R.S. § 13-1506 and the statutory definition of “structure,” and whether the trial court could decide that classification as a matter of law.
2. Whether the box was abandoned or not in use, precluding a burglary conviction.
3. Whether the trial court erred by instructing the jury on aiding and abetting.

## Decision

- The court affirmed the convictions for third-degree burglary.
- The donation box met the statutory definition of a “structure,” and thus a “nonresidential structure,” as a matter of law; the trial court properly instructed the jury on that point.
- Evidence of regular collection (about every 36 hours) supported the finding that the box was in use and not abandoned.
- The aiding-and-abetting instruction correctly stated Arizona law and was supported by evidence of joint participation.

## Legal Principles

- When the physical characteristics of an object are undisputed, whether it falls within a statutory definition (such as “structure” for burglary) is a question of law for the court.
- A locked, walled, floored, and roofed container that is separately securable and used to store goods can constitute a “nonresidential structure” for burglary purposes.
- Regular, ongoing use and frequent collection of contents support a finding that property is not abandoned for purposes of burglary liability.
- An aiding-and-abetting instruction is proper when evidence permits the jury to find that a defendant aided, counseled, or encouraged the offense.

## Conclusion

The court upheld third-degree burglary convictions for stealing from a Salvation Army donation box, holding that the box was a nonresidential structure as a matter of law, was actively used rather than abandoned, and supported liability under aiding-and-abetting instructions.


State v. Mann, 129 Ariz. 24, 628 P.2d 61 (Ct. App. 1981)