State v. Reeves

¶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(l)(b) (2006),1 2 an extenuating circumstance for retail theft includes being in possession of “an item, article, implement, or device designed to overcome security systems including, but not limited to, lined bags or tag removers.” The evidence showed that Reeves used pliers to remove a security device before shoplifting a security camera from Walmart. The trial court ruled that the…