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State v. V.F.

May 27, 1997

STATE OF WASHINGTON, RESPONDENT,
v.
[V.F. *FN1], B.D. 03-09-81, APPELLANT.



Appeal from Superior Court of King County. Docket No: 95-8-05996-3. Date filed: 01/29/96. Judge signing: Hon. Marsha J. Pechman.

PER CURIAM. We agree with V.F. that insufficient evidence supports his conviction of attempted residential burglary. *fn2 As the State correctly concedes, under State v. Jackson, *fn3 the court improperly relied on RCW 9A.52.040 to infer that V.F. intended to commit a crime when there was no actual entry into the apartment. The State argues, however, the appropriate remedy is for this court to remand for the trial court to enter findings on intent to commit a crime without using the improper inference. We disagree.

The damage that occurred was concentrated at the doorknob, the point of entry. This evidence only proves the first element of residential burglary, attempted entry. The evidence of flight adds nothing. The fact that V.F. was in the building does not inform on the issue of intent because he was with the next door neighbor. In short, on the record before us, insufficient evidence exists for any rational trier of fact to find the element of intent to commit a crime beyond a reasonable doubt. *fn4

We ...


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