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STATE v. JENSEN

No. 36766-1-II.

203 P.3d 393 (2009)

STATE of Washington, Respondent, v. Mark Christopher JENSEN, Appellant.

Court of Appeals of Washington, Division 2.

March 24, 2009.

Attorney(s) appearing for the Case

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

Brian Patrick Wendt, Clallam County Prosecuting Attorney, Port Angeles, WA, for Respondent.

BRIDGEWATER, J.

¶ 1 Mark Christopher Jensen appeals his convictions for second degree burglary and third degree theft. We hold that RCW 9A.52.090(1)'s abandonment defense does not apply to the charged offense of second degree burglary, and defense counsel was not ineffective for failing to offer such an instruction. We affirm.

Facts

¶ 2 On the evening of June 4, 2007, Jensen, who was homeless,...

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