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STATE v. O'DONNELL

No. 25660-0-III.

174 P.3d 1205 (2007)

STATE of Washington, Respondent, v. Eric Edward O'DONNELL, Appellant.

Court of Appeals of Washington, Division 3.

December 27, 2007.

Attorney(s) appearing for the Case

Jordan Broome McCabe, Attorney at Law, Bellingham, WA, for Appellant.

Kevin Michael Korsmo, Attorney at Law, Spokane, WA, for Respondent.

KULIK, J.

¶ 1 Eric Edward O'Donnell appeals his conviction for first degree robbery. Mr. O'Donnell contends the trial court erred by omitting the words "in the presence of" in the "to convict" jury instructions and by failing to define "theft." Mr. O'Donnell also contends there was insufficient evidence to prove robbery. The State proved that Mr. O'Donnell took car keys from Kimberly Taylor. Thus, the alternative means of committing robbery — taking property...

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