Opinion
No. 22767-7-III
Filed: March 15, 2005 UNPUBLISHED OPINION
Appeal from Superior Court of Spokane County. Docket No. 03-1-03119-5. Judgment or order under review. Date filed: 02/17/2004. Judge signing: Hon. Michael P. Price.
Counsel for Appellant(s), Susan Marie Gasch, Gasch Law Office, PO Box 30339, Spokane, WA 99223-3005.
Counsel for Respondent(s), Kevin Michael Korsmo, Attorney at Law, 1100 W Mallon Ave, Spokane, WA 99260-2043.
Andrew J. III Metts, Spokane County Pros Office, 1100 W Mallon Ave, Spokane, WA 99260-0270.
This is an appeal from a conviction for second degree malicious mischief. Virla Spencer argues there is insufficient evidence to prove she caused damage in excess of $250. We find there is sufficient evidence and therefore affirm the conviction.
FACTS
Sandra Buyea borrowed William Dahlen's car. She drove the car home and saw Virla Spencer driving behind her. Ms. Spencer bumped the back of Mr. Dahlen's car twice with her bumper when Ms. Buyea stopped at a red light. Ms. Spencer also threw rocks and a mixture of other items at the car while Ms. Buyea was driving.
Ms. Spencer followed Ms. Buyea to her home, got out of her car, and kicked Mr. Dahlen's car. Police responded to Ms. Buyea's residence and made a report of the incident.
Mr. Dahlen took the car to Thomas Fisher at Flash's Auto Body and Paint for the repairs. The total cost to repair the car was $1,087.88. Ms. Spencer was charged with second degree malicious mischief and a jury found her guilty.
DISCUSSION
Ms. Spencer argues the State failed to prove beyond a reasonable doubt that she caused more than $250 in damage to Mr. Dahlen's car. In a challenge to the sufficiency of the evidence, we review the evidence in a light most favorable to the State. State v. Salinas, 119 Wn.2d 192, 201, 829 P.2d 1068 (1992). There is an admission of the truth of the State's evidence and all reasonable inferences. Id. We will affirm where any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Id.
Ms. Spencer was convicted of second degree malicious mischief. Malicious mischief in the second degree requires that `[a] person . . . knowingly and maliciously . . . causes physical damage to the property of another in an amount exceeding two hundred fifty dollars.' RCW 9A.48.080(1)(a) (emphasis added).
The testimony shows that Ms. Spencer bumped the back of Mr. Dahlen's car twice with her bumper, threw items at the car, and kicked the car. The testimony also shows there was a footprint on the front bumper, the front license bracket appeared to have been kicked, and there were `two visible scratches, each one-half inch in length' on the rear bumper. Report of Proceedings (RP) at 67, 74.
Mr. Dahlen testified that prior to the incident there was no damage to the car. Mr. Dahlen took the car to Mr. Fisher for the repairs. Mr. Fisher testified that to professionally repair the damage, he had to remove and reinstall several small parts on the car. This was an additional cost, but it was necessary to professionally repaint the damaged area. The total cost to repair the car was $1,087.88. This value exceeds the statutory minimum of $250 for second degree malicious mischief. RCW 9A.48.080(1)(a).
We find there is sufficient evidence and therefore affirm the conviction.
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.
SCHULTHEIS, J. and KURTZ, J., Concur.