State of Washington, Respondent v. Justin James Daniels, Appellant (868535)
Justin Daniels rented a mobile home from Gloria Breed on a wooded lot. In August 2021, Breed notified Daniels that she wanted to sell the property and he needed to vacate by the end of 2021. That September, a neighbor notified Breed that Daniels was cutting down trees on the property. Breed hired a lumber appraiser, who estimated that $2,700 in timber was missing. The State charged Daniels with one count of first-degree theft. At trial, the jury was presented with instructions for first-degree theft, as well as the lesser charges of second-degree and third-degree theft. The jury convicted Daniels of theft in the second degree. Daniels appeals asserting, among other things, that the evidence was insufficient to support Daniel’s conviction for second-degree theft and the charging document failed to include an essential element. COA # 868535. Kitsap County Superior Court # 22-1-00219-18.
