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STATE v. REEVES

No. 44811-4-II.

336 P.3d 105 (2014)

184 Wn. App. 154

STATE of Washington, Appellant, v. Tom Allen REEVES, Respondent.

Court of Appeals of Washington, Division 2.

October 21, 2014.

Attorney(s) appearing for the Case

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

Jodi R. Backlund , Backlund & Mistry, Olympia, WA, for Respondent.

MAXA, J.

¶ 1 The State appeals the trial court's dismissal pursuant to a Knapstad1 motion of the charge against Tom Allen Reeves for third degree retail theft with extenuating circumstances. Under former RCW 9A.56.360(1)(b) (2006),2 an extenuating circumstance for retail theft includes being in possession of "an item, article, implement, or device designed to overcome security systems including...

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