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STATE v. THARP

No. 6718-4-I.

26 Wn. App. 184 (1980)

612 P.2d 11

THE STATE OF WASHINGTON, Respondent, v. JO ELLIOTT THARP, Appellant.

The Court of Appeals of Washington, Division One.

May 19, 1980.

Attorney(s) appearing for the Case

Philip E. Sharpe, Jr., and Flynn, Adelstein & Sharpe, for appellant (appointed counsel for appeal).

David S. McEachran, Prosecuting Attorney, for respondent.

WILLIAMS, J.

In a trial to the court with a jury, Jo Elliott Tharp was convicted of taking a motor vehicle without permission, a class C felony, RCW 9A.56.070. Following the conviction, Tharp was adjudged a habitual criminal, RCW 9.92.090. He appeals; we reverse and remand for a new trial.

The essential facts are that a car was stolen in Bellingham some time during the night of March 30, 1978. That same night, someone registered at a Seattle motel as "Jay...

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