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STATE v. WOOTEN

No. 87855-2.

312 P.3d 41 (2013)

178 Wn.2d 890

STATE of Washington, Respondent, v. David Allen WOOTEN, Jr, Petitioner.

Supreme Court of Washington, En Banc.

October 31, 2013.

Attorney(s) appearing for the Case

Rita Joan Griffith , Attorney at Law, Cynthia B. Jones , Jones Legal Group, LLC, Seattle, WA, for Petitioner.

Sara I. Beigh , Lewis County Prosecutors Office, Chehalis, WA, for Respondent.

GONZALEZ, J.

¶ 1 David Wooten was convicted of first degree malicious mischief for damaging a home he was purchasing on a real estate contract. Wooten claims he did not damage "property of another" — an element of malicious mischief — because he had exclusive possessory and proprietary interests in the property. He also argues the trial court abused its discretion by excluding closing argument about financing issues relating to the home.

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