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STATE v. CANTU

No. 22322-1-III.

98 P.3d 106 (2004)

123 Wash.App. 404

STATE of Washington, Respondent, v. Antonio B. CANTU, Appellant.

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

September 21, 2004.

Attorney(s) appearing for the Case

Randy W. Smith, Attorney at Law, Moses Lake, WA, for Appellant.

Carole L. Highland, Attorney at Law, Grant County Prosecuting Attorney's Office, Ephrata, WA, for Respondent.

SWEENEY, A.C.J.

Unlawful entry into a residence carries with it a permissible inference of intent to commit a crime therein. Antonio Cantu challenges the sufficiency of the evidence to support this inference on these facts. The State proved that Mr. Cantu broke into his mother's locked bedroom while in her home. But it could not prove that he stole money, beer, and drugs from the room. The court nonetheless found that Mr. Cantu had failed to overcome the permissible...

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