State v. Lee

— The Defendant seeks review of a court of appeals decision affirming his conviction for second degree theft. He contends that the jury was improperly instructed and that the evidence was insufficient to support the conviction where neither of the named victims suffered a loss as a result of the alleged taking. We find the jury instructions were correct, but reverse the conviction because the State did not offer sufficient evidence of loss.

Facts

On June 23, 1992, Guy Hanson accepted Earl Lee’s offer to buy a house on North 7th Street in Yakima which Hanson had inherited from his mother. Under…