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STATE v. PEREZ

No. 31725-7-II.

123 P.3d 135 (2005)

130 Wash.App. 505

STATE of Washington, Respondent, v. Silvino Martin PEREZ, Jr., Appellant.

Court of Appeals of Washington, Division 2.

November 22, 2005.

Attorney(s) appearing for the Case

Jodi R. Backlund, Manek R. Mistry, Backlund & Mistry, Olympia, WA, for Appellant.

J. Andrew Toynbee, Lewis County Prosecuting Atty Ofc, Chehalis, WA, for Respondent.

PART PUBLISHED OPINION

QUINN-BRINTNALL, C.J.

¶ 1 Silvino Perez appeals his conviction for second degree theft, arguing that the trial court instructed on an uncharged alternative means.1 Under State v. Linehan, 147 Wn.2d 638, 56 P.3d 542 (2002), Perez correctly argues that RCW 9A.56.020(1)(a) sets forth two alternative means for committing theft: by wrongful obtainment and by exertion...

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