GEORGE L. SYDNOR, APPELLANT,
UNITED STATES, APPELLEE
Argued November 5, 2015.
Appeal from the Superior Court of the District of Columbia. (CF2-18528-13). (Hon. John McCabe, Trial Judge).
Daniel S. Harawa, Public Defender Service, with whom James Klein, Public Defender Service, was on the brief, for appellant.
Peter S. Smith, Assistant United States Attorney, with whom Vincent H. Cohen, Jr., Acting United States Attorney at the time the brief was filed, and Elizabeth Trosman, Chrisellen R. Kolb, and Jeffrey S. Nestler, Assistant United States Attorneys, were on the brief, for appellee.
Before FISHER and EASTERLY, Associate Judges, and PRYOR, Senior Judge.
This case came to be heard on the transcript of record, the briefs filed, and was argued by counsel. On consideration whereof, and as set forth in the opinion filed this date, it is now hereby
ORDERED and ADJUDGED that the matter on appeal is remanded with instructions to vacate the convictions for burglary and receiving stolen property and to enter judgment for the offense of unlawful entry. Appellant's conviction for second-degree theft, which was not challenged on appeal, remains intact.
John Fisher, Associate Judge:
On October 14, 2014, a jury convicted appellant George Sydnor of second-degree burglary, second-degree theft, and receiving stolen property (" RSP" ). The evidence showed that appellant entered a fenced construction site used by Nicholson Construction Company and removed six steel pipes. Appellant contends that the construction site was not a " yard where any lumber, coal, or other goods or chattels are deposited and kept for the purpose of trade" and thus was not a place that could be burglarized under D.C. Code § 22-801 (b) (2012 Repl.).
In 2013 Nicholson Construction Company (" Nicholson" ) was hired by Potomac Construction, a general contractor for the Washington Metropolitan Area Transit Authority (" ...