State v. Swaite

Facts of Case

The defendant, Walter Swaite, appeals the judgment and sentence entered following a jury verdict finding him guilty of burglary in the second degree and theft in the first degree.

On May 15, 1981, a City of Edmonds police officer (first officer) arrived on the scene of a reported residential burglary. The homeowner advised the officer that when he returned to his residence, after an absence of approximately 15 minutes, he discovered a broken window in the door of his home but did not think that anything was missing from inside. The homeowner further related that when he initially…