State v. Ellard

David C. Ellard appeals his jury convictions for each of three counts of first degree theft by deception. RCW 9A.56.020(1)(b); RCW 9A.56.030. We affirm as to count 1. We find the evidence of value as to counts 2 and 3 insufficient to support convictions for first degree theft. We therefore vacate the judgments on these convictions and remand for imposition of new sentences for second and third degree theft.

Mr. Ellard was accused of unlawfully obtaining money from the Tacoma School District. He is the owner of Ellard Tire & Wheel, a Goodyear tire franchise which was under contract with the…