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STATE v. KUTCH

No. 16375-0-III.

951 P.2d 1139 (1998)

STATE of Washington, Respondent, v. Robert L. KUTCH, Appellant.

Court of Appeals of Washington, Division 3, Panel Six.

February 26, 1998.

Attorney(s) appearing for the Case

Philip E. Nino, Spokane, for Appellant.

Bruce Hanify, Deputy Prosecuting Attorney, Yakima, for Respondent.

SWEENEY, Judge.

Second degree burglary requires an unlawful entry. RCW 9A.52.030(1). Unlawful entry includes entry that is neither licensed nor invited. RCW 9A.52.010(3). Security guards caught Robert Kutch shoplifting at Mervyn's in the Yakima Mall. They, by written and verbal notice, expressly banned him from entering the mall for a year. He nonetheless again entered and shoplifted at Mervyn's. The dispositive question here is whether his violation of the notice...

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