State v. Newcomb

246 P.3d 1286 (2011)

STATE of Washington, Appellant,

v.

Scott Ross NEWCOMB, Respondent.

No. 40056-1-II.

Court of Appeals of Washington, Division 2.

February 17, 2011.

David Bustamante, Attorney at Law, Raymond, WA, for Appellant.

Jordan Broome Mccabe, Attorney at Law, Bellevue, WA, for Respondent.

WILLIAMS, J.P.T.[1]

¶ 1 The State appeals the trial court's order granting Scott Newcomb's pretrial motion to dismiss a charge of first degree malicious mischief. We reverse and remand.

Facts

¶ 2 Newcomb's mother owns land subject to a roadway easement that provides the sole means of access to Tim Kredlo's…