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STATE v. LARKINS

No. 59559-8-I.

199 P.3d 441 (2008)

STATE of Washington, Respondent, v. Brian Samuel LARKINS, Appellant.

Court of Appeals of Washington, Division 1.

December 22, 2008.

Attorney(s) appearing for the Case

Gregory Link, Susan Wilk, Washington Appellate Project, Seattle, WA, for Appellant.

Catherine McDowall, King County Prosecutor's Office, Seattle, WA, for Respondent.

GROSSE, J.

¶ 1 The Washington crime of burglary requires intent to commit a crime against a person or property therein. Here, the defendant's Ohio burglary conviction rested on his intent to commit a misdemeanor. Because the misdemeanor category includes crimes other than those against a person or property, that conviction does not equate to a crime equivalent under Washington law. We reverse and remand for resentencing.

FACTS

¶ 2 On November...

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