STATE v. LEE

No. 62725-8.

904 P.2d 1143 (1995)

128 Wash.2d 151

The STATE of Washington, Respondent, v. Earl LEE, Petitioner.

Supreme Court of Washington, En Banc.

November 9, 1995.


Attorney(s) appearing for the Case

Hugh M. Spall, Jr., Attorney at Law, Ellensburg, for petitioner.

Jeffrey Sullivan, Yakima County Prosecutor, Bruce Hanify, Deputy, Michael G. McCarthy, Deputy, Yakima, for respondent.


MADSEN, Justice.

The Defendant seeks review of a court of appeals' decision affirming his conviction for second degree theft. He contends that the jury was improperly instructed and that the evidence was insufficient to support the conviction where neither of the named victims suffered a loss as a result of the alleged taking. We find the jury instructions were correct, but reverse the conviction because the State did not offer sufficient evidence of loss.

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