State of Washington v. Gerrit Jon Kobes, 34232-8

Gerrit Kobes, on a four-day jail furlough, went to 1365 Kettle Park Road (his wife's home) to retrieve personal items; a no-contact order prohibited him from coming within 100 yards of her "residence."
At the time, Erica Kobes was in a Spokane treatment facility for a week; her mother was staying in the house with the children and the family possessions remained there.
Kobes entered the house and retrieved his wallet and boots; Erica's mother later reported the incident to police.
Prosecutor charged Kobes with residential burglary (felony) and violation of a no-contact order (gross misdemeanor); a jury convicted on both counts.
Kobes appealed, arguing the term "residence" in the no-contact order was vague as applied because Erica was temporarily away, and thus the evidence was insufficient to prove unlawful entry.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether "residence" in the no-contact order was unconstitutionally vague as applied	State: term is clear; protects the home listed in the order	Kobes: wife was temporarily in treatment, so Kettle Falls house was not her residence	Court: "residence" not vague; ordinary person would understand it; temporary absence does not change residence
Whether evidence supported "unlawful entry" element of residential burglary	State: order barred entry; entry despite order was unlawful	Kobes: mother’s permission and wife’s absence made entry lawful	Court: permission from protected person or third party cannot override court order; evidence sufficient to prove unlawful entry
Whether defendant could rely on Jenkins/Pickett definition to show non-residence	Kobes: relied on definitions allowing temporary dwelling to be a residence in varying contexts	State: definition includes intent to return, which supports treating house as residence	Court: adopted Jenkins/Pickett definition but found facts show intent to return, so residence upheld
Standard for reviewing sufficiency and vagueness	State: jury verdict should be upheld under review standards	Kobes: evidence insufficient and order vague	Court: applied Jackson standard and as-applied vagueness test; deferred to jury and affirmed convictions

State v. Bahl, 164 Wn.2d 739 (use of statutory construction for court orders)
State v. Halstien, 122 Wn.2d 109 (vagueness test: ordinary person standard)
State v. Jenkins, 100 Wn. App. 85 (definition of "residence" in registration context)
State v. Pickett, 95 Wn. App. 475 (adopted definition of "residence")
State v. Sanchez, 166 Wn. App. 304 (entry is unlawful when in violation of court order despite permission)
State v. Peterson, 174 Wn. App. 828 (as-applied vagueness framework)
Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)