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STATE v. ROTH

No. 23503-3-III.

128 P.3d 114 (2006)

STATE of Washington, Respondent, v. David Dean ROTH, Appellant.

Court of Appeals of Washington, Division Three.

February 7, 2006.

Attorney(s) appearing for the Case

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

Carole Louise Highland, Grant County Prosecuting Attorney's Office, Ephrata, WA, for Respondent.

THOMPSON, J.*

¶ 1 David Roth was convicted of the charge of minor possessing, consuming, or acquiring liquor following a bench trial. On appeal, Mr. Roth challenges the sufficiency of the State's evidence to establish that he was a minor or that he was in constructive possession of alcohol. We hold that there was sufficient evidence to establish that Mr. Roth was a minor at the time he was cited. However, because the State merely...

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