State v. Hoyt

Edward Thomas Hoyt committed a series of third degree thefts, using a common scheme or plan, over a six-month period. The State appeals the trial court’s dismissal of five of the six counts that the State had aggregated into felony counts. We hold that RCW 9A.56.010(12)(c) permits a series of third degree thefts pursuant to a common scheme or plan to be aggregated into only a single count of felony theft, not multiple counts. We affirm.

Hoyt stole his parents’ automatic teller machine (ATM) card. Over a six-month period, Hoyt withdrew a total of $19,838 from his parents’ bank account in a…