State v. King

Petrich, A.C.J.

Baron J. King contends that his conviction of first degree theft in violation of RCW 9A.56.030 rests on insufficient evidence. He further argues that the trial court erred in denying his motion to exclude the out-of-court and in-court identification by Albert R. Smith of his jacket. We affirm.

On February 1, 1980, after cashing his monthly pension check of $884 at a downtown Bremerton bank, Albert R. Smith entered a nearby tavern to have a few beers before catching his 3:45 p.m. bus. Smith sat midway down the bar, approximately 25 to 30 feet from the end nearest the entrance.…