State v. Vargas

Andrew Vargas appeals his conviction of first degree theft. During the summer of 1981, Vargas was the manager of the Rip Tide Apartments in Seattle. A number of the tenants paid their rent to Vargas in cash and received receipts. Some of these payments were never deposited into the Rip Tide's bank account. Vargas was arrested and charged with theft, and was convicted following a jury trial. On appeal, Vargas claims that the trial court erred by refusing to instruct the jury that theft requires an intent to permanently deprive another of property or services.

The statutory definition of theft…