Opinion
No. 25002-4-III.
September 13, 2007.
Appeal from a judgment of the Superior Court for Grant County, No. 05-8-00472-8, Kenneth L. Jorgensen, J., entered March 24, 2006.
Reversed by unpublished opinion per Sweeney, C.J., concurred in by Brown and Kulik, JJ.
This appeal follows a conviction for second degree malicious mischief. The trial judge concluded that B.N.Z. was responsible either as a principal or an accomplice for spray painting graffiti on a garage door. But the door had been vandalized before by others. And the State conceded at oral argument that it failed to prove that Ms. Z. caused $250 in damage, a necessary element for second degree malicious mischief. We accept the concession. It is supported by this record. And we reverse and dismiss the prosecution.
A majority of the panel has determined that this opinion will not be printed in the Washington Appellate Reports but it will be filed for public record pursuant to RCW 2.06.040.
BROWN, J., KULIK, J., Concur.