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STATE v. NEWCOMB

No. 40056-1-II.

246 P.3d 1286 (2011)

STATE of Washington, Appellant, v. Scott Ross NEWCOMB, Respondent.

Court of Appeals of Washington, Division 2.

February 17, 2011.

Attorney(s) appearing for the Case

David Bustamante , Attorney at Law, Raymond, WA, for Appellant.

Jordan Broome Mccabe , Attorney at Law, Bellevue, WA, for Respondent.

WILLIAMS, J.P.T.1

¶ 1 The State appeals the trial court's order granting Scott Newcomb's pretrial motion to dismiss a charge of first degree malicious mischief. We reverse and remand.

Facts

¶ 2 Newcomb's mother owns land subject to a roadway easement that provides the sole means of access to Tim Kredlo's neighboring property. Kredlo bought his property from Peter Stone, Amy Stone, and Ricki Bayne in late 2005...

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