State v. Perez

¶1

Quinn-Brintnall, C.J.

— Silvino Perez, Jr., appeals his conviction for second degree theft, arguing that the trial court instructed on an uncharged alternative means.1 Under State v. Linehan, 147 Wn.2d 638, 56 P.3d 542 (2002), Perez correctly argues that RCW 9A.56.020(1)(a) sets forth two alternative means for committing theft: by wrongful obtainment and by exertion of unauthorized control. Here, while only the first means was charged, the jury was *507instructed on both. We hold, however, that such error is harmless as a matter of law because both means share the same statutory definition. We…