Opinion
No. 54226-5-I
Filed: April 18, 2005 UNPUBLISHED OPINION
Appeal from Superior Court of King County. Docket No: 04-8-00398-1. Judgment or order under review. Date filed: 04/06/2004. Judge signing: Hon. Joan B. Allison.
Counsel for Appellant(s), Nielsen Broman Koch Pllc, Attorney at Law, 1908 E Madison St, Seattle, WA 98122.
Victor D. Grenstead (Appearing Pro Se), 8817 42 Ave SW, Seattle, WA 98118.
Christopher Gibson, Attorney at Law, 1908 E Madison St, Seattle, WA 98122.
Counsel for Respondent(s), Alice Degen, King County Prosecutor's Office, 516 3rd Ave Ste W554, Seattle, WA 98104-2362.
Prosecuting Atty King County, King Co Pros/App Unit Supervisor, W554 King County Courthouse, 516 Third Avenue, Seattle, WA 98104.
Victor Grenstead, aka Victory Berry, Jr., appeals the order of disposition entered following his adjudication of guilty of theft in the third degree. He contends that the trial court erred in failing to enter findings of fact and conclusions of law and that insufficient evidence supports the conviction. Findings and conclusions have been entered, and sufficient evidence supports the conviction. We affirm.
The charge arose from an incident on or about September 25, 2003 at the Wal-Mart in Renton. Loss Prevention Officer George Brandell testified that he saw Grenstead standing in the electronics department of the store. He saw Grenstead pick up a music Compact Disc (CD), "hang out" for a while, look at some more CD's for a couple of minutes, and then carry the CD into the toy section at the other end of the store. Brandell was standing about 10 feet away from Grenstead, and Brandell followed Grenstead to the toy section. Throughout the store Brandell had a clear view of Grenstead except for a brief moment at the most. In the toy department, Brandell saw Grenstead tear the wrapper off the CD, drop the wrapper on the floor, and place the CD into his right front pants pocket. Grenstead then left the store without paying. Brandell stopped Grenstead outside the store, identified himself and asked Grenstead about the CD in his pocket. Grenstead handed it to Brandell.
The trial court entered an oral decision and found Grenstead guilty as charged of theft in the third degree. Grenstead appeals.
Grenstead contends that the trial court erred in failing to enter written findings of fact and conclusions of law. But the required findings and conclusions were entered after Grenstead filed his opening brief, and there is no indication that Grenstead was prejudiced by the delayed entry.
State v. Cannon, 130 Wn.2d 313, 329-30, 922 P.2d 1293 (1996).
Grenstead also contends that the evidence was insufficient to support the conviction for theft in the third degree. Specifically, he contends that the State failed to present any evidence that the CD Grenstead returned to Brandell was the property of another, much less belonged to Wal-Mart.
A person is guilty of theft in the third degree if wrongfully obtains or exerts unauthorized control over the property of another with intent to deprive him or her of the property and the property does not exceed $250 in value. RCW 9A.56.050(1), 9A.56.020(1)(a).
The contention fails. Brandell testified that he saw Grenstead pick up a CD, carry it to another part of the store where he removed the wrapper and placed it into his pocket, and then leave the store without paying. It is a reasonable inference from the evidence that the CD belonged to Wal-Mart. Viewing the evidence and the reasonable inferences in the light most favorable to the State, there is sufficient evidence for the trier of fact to find Grenstead guilty beyond a reasonable doubt of theft in the third degree.
Evidence is sufficient to support a conviction if, viewed in the light most favorable to the State, a rational trier of fact could find the essential elements of the crime beyond a reasonable doubt. State v. Salinas, 119 Wn.2d 192, 201, 829 P.2d 1068 (1992). A claim of insufficiency admits the truth of the State's evidence and all inferences reasonably drawn therefrom. Salinas, 119 Wn.2d at 201. Circumstantial evidence is equally reliable as direct evidence. State v. Delmarter, 94 Wn.2d 634, 638, 618 P.2d 99 (1980).
Affirmed.
KENNEDY, COLEMAN and COX, JJ.