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STATE v. ATTERTON

No. 33953-2-I.

915 P.2d 535 (1996)

81 Wash.App. 470

The STATE of Washington, Respondent, v. Stephen Leroy ATTERTON, Appellant.

Court of Appeals of Washington, Division 1.

April 29, 1996.

Attorney(s) appearing for the Case

Randall Keys, Silverdale, for Appellant.

Kristin Virginia Richardson, King County Pros. Atty., Seattle, for Respondent.

WEBSTER, Judge.

Stephen Atterton appeals his conviction for first degree theft, contending that the trial court improperly aggregated eight thefts from different victims into a single count of first degree theft. Atterton reasons that, because aggregation was impermissible under these facts, the evidence was insufficient. We vacate the first degree theft conviction, but remand for entry of judgment and sentence on one count of second degree theft.

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