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STATE v. BENCIVENGA

No. 66605-9.

974 P.2d 832 (1999)

137 Wash.2d 703

STATE of Washington, Petitioner, v. James BENCIVENGA, Respondent.

Supreme Court of Washington, En Banc.

Decided April 15, 1999.

Attorney(s) appearing for the Case

David McEachran, Whatcom County Prosecutor, Laura D. Hayes, Deputy, Bellingham, for Petitioner.

Washington Appellate Project, Shannon Marsh, Amy G. Williams, Seattle, for Respondent.

SANDERS, J.

After James Bencivenga's conviction at a bench trial for attempted burglary in the second degree, the Court of Appeals, Division I, reversed for insufficiency of the evidence and remanded for dismissal with prejudice. State v. Bencivenga, No. 39153-4-I, slip op. at 4 (Wash.Ct.App. Jan. 26, 1998). We granted the State's petition for review, reverse the Court of Appeals, and affirm Bencivenga's conviction.

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