State v. Stinton

89 P.3d 717 (2004)

121 Wash.App. 569

STATE of Washington, Appellant,

v.

Matthew Allen STINTON, Respondent.

No. 29474-5-II.

Court of Appeals of Washington, Division 2.

May 4, 2004.

Eleanor Marie Couto, Longview, WA, for Respondent.

Michelle L. Shaffer, Cowlitz Co. Pros. Attorney Office, Kelso, WA, for Appellant.

SEINFELD, J.

The trial court dismissed a residential burglary charge against Matthew A. Stinton, reasoning that the State lacked proof of Stinton's intent to commit a crime inside the victim's home, as required under RCW 9A.52.025. The State had argued that Stinton's harassment of the victim…