STATE v. CLAY

No. 59648-9-I.

184 P.3d 674 (2008)

STATE of Washington, Respondent, v. Dennis James CLAY, Appellant.

Court of Appeals of Washington, Division 1.

June 2, 2008.


Attorney(s) appearing for the Case

Susan F. Wilk, David L. Donnan, Washington Appellate Project, Seattle, WA, for Appellant.

Seth Aaron Fine, Attorney at Law, Snohomish Co. Pros. Office, Everett, WA, for Respondent.


LEACH, J.

¶ 1 Dennis Clay challenges his conviction of second degree theft for possession of a stolen access device. He argues that the credit card found in his possession was not an access device because it had never been activated and was never in the possession of its intended user. We affirm.

¶ 2 Clay was arrested by a community corrections officer for violating the conditions of his probation for a previous conviction. During the search incident...

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