State v. Nelson

Defendant stands convicted of taking a motor vehicle without permission of the owner or person entitled to possession thereof, a violation of RCW 9.54.020.

Upon appeal defendant assigns error to the denial of his motion to dismiss at the conclusion of the state’s case and to the trial court’s refusal to give a proposed instruction.

Defendant’s first assignment of error, the denial of his motion to dismiss, is without merit for two reasons.

First, defendant waived his motion. Upon denial of the motion, at the conclusion of the state’s case in chief, defendant presented evidence upon his own…