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STATE v. MORLEY

No. 21358-7-III.

83 P.3d 1023 (2004)

119 Wash.App. 939

STATE of Washington, Respondent, v. Shannon Bruce MORLEY, Appellant.

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

As Amended February 5, 2004.

Attorney(s) appearing for the Case

Susan M. Gasch, Spokane, WA, for Appellant.

Kevin M. Korsmo, Deputy Prosecuting Attorney, Spokane, WA, for Respondent.

KURTZ, J.

First degree theft is theft of property having a value greater than $1,500. RCW 9A.56.030(1). "Value" means market value at the time and place of the theft. RCW 9A.56.010(18)(a). At issue in this appeal is whether evidence of the retail price of a generator ($2,000) is sufficient to support Shannon Bruce Morley's conviction for attempted first degree theft. We hold it is not. The victim of the theft was an equipment rental company, and the evidence does...

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