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STATE v. GARDNER

No. 25597-9-II.

16 P.3d 699 (2001)

104 Wash.App. 541

STATE of Washington, Respondent, v. Jacob A. GARDNER, Appellant.

Court of Appeals of Washington, Division 2.

January 26, 2001.

Attorney(s) appearing for the Case

Thomas E. Weaver, Law Office of Wecker, Hunko, Bougher, (Court Appointed), Port Orchard, for Appellant.

Randall Avery Sutton, Kitsap Co. Deputy Pros. Atty., Port Orchard, for Respondent.

ARMSTRONG, C.J.

Jacob Gardner used his foster brother's police radio, keying the microphone, playing music, talking on the radio, and imitating a sheriff. Gardner was charged with, and convicted of, second degree malicious mischief.1 On appeal, Gardner argues that there was insufficient evidence to prove: (1) that he "physically damaged or tampered" a police radio; and (2) that a police radio frequency is a "mode of public communication...

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