STATE v. HERNANDEZ

No. 21956-9-III.

85 P.3d 398 (2004)

120 Wash.App. 389

STATE of Washington, Respondent, v. Roberto Carlos HERNANDEZ, Appellant.

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

March 4, 2004.


Attorney(s) appearing for the Case

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

Carole L. Highland, Deputy Prosecuting Attorney, Ephrata, WA, for Respondent.


SCHULTHEIS, J.

The Grant County juvenile court adjudged Roberto Hernandez guilty of second degree malicious mischief for spitting in a patrol car. On appeal, Mr. Hernandez contends the State failed to prove that he damaged or tampered with the patrol car. We find that the spittle did not constitute knowing and malicious damage or tampering that substantially risked impairment of the police car's service to the public. Accordingly, we reverse.

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