STATE v. McDONALD

Nos. 30193-8-II, 31156-9-II.

96 P.3d 468 (2004)

STATE of Washington, Respondent, v. Jerry Russell McDONALD, Appellant.

Court of Appeals of Washington, Division 2.

August 24, 2004.


Attorney(s) appearing for the Case

Rebecca Wold Bouchey, Attorney at Law, Mercer Island, WA, for Appellant.

N. Antonio Hill, Attorney at Law, Federal Way, WA, for Respondent.


MORGAN, J.

Jerry Russell McDonald appeals a conviction for residential burglary. He claims that the trial court erred by not instructing on an inferior degree of the charged offense and that the evidence is insufficient to support his conviction. Accepting the first claim but rejecting the second, we reverse and remand for new trial.

On the morning of December 9, 2002, Kevin Hinton went to a house that he and his wife owned in Gig Harbor. He found the driveway...

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