STATE v. MERMIS

No. 45203-7-I.

20 P.3d 1044 (2001)

105 Wash.App. 738

STATE of Washington, Appellant/Cross-Respondent, v. John E. MERMIS, Cross-Appellant/Respondent.

Court of Appeals of Washington, Division 1.

April 9, 2001.


Attorney(s) appearing for the Case

Marilyn E. Brenneman, King County Prosecuting Attorney, Seattle, for Appellant.

James Elliot Lobsenz, Carney Badley Smith & Spellman, Seattle, for Respondent.


ELLINGTON, J.

The two questions in this case are first, whether John Mermis was a buyer or a thief, and second, if he was a thief, whether his crime was committed more than three years before the State filed the charge against him. The jury concluded Mermis was a thief, and ample evidence supports its verdict. The jury was not asked, however, whether the crime was committed within the statute of limitations period. On a post-trial motion, the trial judge vacated the...

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