State v. Clay

184 P.3d 674 (2008)

STATE of Washington, Respondent,

v.

Dennis James CLAY, Appellant.

No. 59648-9-I.

Court of Appeals of Washington, Division 1.

June 2, 2008.

Susan F. Wilk, David L. Donnan, Washington Appellate Project, Seattle, WA, for Appellant.

Seth Aaron Fine, Attorney at Law, Snohomish Co. Pros. Office, Everett, WA, for Respondent.

LEACH, J.

¶ 1 Dennis Clay challenges his conviction of second degree theft for possession of a stolen access device. He argues that the credit card found in his possession was not an access device because it had never been activated and was never in the possession of…